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| Dan Lomax vs. JMCGH
02A01-9706-CH-00116
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/31/97 | |
| Gates vs. State
03C01-9510-CC-00313
Originating Judge:Mayo L. Mashburn |
Bradley County | Court of Criminal Appeals | 10/31/97 | |
| McBee/Dunlap vs. State
03C01-9509-CR-00276
|
Knox County | Court of Criminal Appeals | 10/31/97 | |
| Christopher v. Sockwell
01S01-9703-CV-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. At the trial, the only issue was the extent of the claimant's permanent partial disability. In this appeal, the employer's insurer, Argonaut, contends the trial judge (1) erred in accepting the opinion testimony of an examining physician over that of the treating physician and (2) erred in using a multiplier of 4.9 times the medical impairment to determine the claimant's permanent partial disability. As discussed below, the panel has found no reversible error but concluded the award of permanent partial disability benefits should be modified. The employee or claimant, Atkins, is forty-four years old with a college degree in social science work. He has worked as an instructor and hearing officer with the state of Tennessee, as a supervisor with the United States Department of Commerce, as a machine operator and as a forklift operator. On April 18, 1994, Atkins stepped off a forklift and fell, injuring his back and bruising his right side from his shoulder to his foot. He was referred to Dr. David McCord, who performed disc surgery at L4-5 on May 23, 1994. When the claimant's condition did not improve, the doctor performed fusion surgery. At the time of the trial on August 31, 1996, the fusion had not healed and the claimant had not been released by Dr. McCord to return to work. The doctor assessed the claimant's permanent impairment at fifteen percent to the whole body. At the claimant's request, Dr. David W. Gaw conducted a physical examination of the claimant and assessed his permanent impairment at eighteen percent to the whole body. At the insurer's request, Dr. Michael James McNamara conducted a physical examination and assessed his permanent impairment at ten percent to the whole body. From the testimony of the claimant, which the trial judge found to be credible, and the other evidence, the trial judge found the opinion testimony of Dr. Gaw to be "the most convincing." He then multiplied the eighteen percent impairment by 4.9, after stating, "I agree with counsel that the multipliers 5 and 6 are out," and awarded permanent partial disability benefits based on 88.2% to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James E. Walton, |
Montgomery County | Workers Compensation Panel | 10/31/97 | |
| Cook vs. Brookside
03A01-9706-CV-00212
|
Court of Appeals | 10/31/97 | ||
| State vs. Harris
03C01-9611-CR-00428
|
Anderson County | Court of Criminal Appeals | 10/31/97 | |
| Donald D'Amico vs. James Davenport, et al
02A01-9705-CH-00097
Originating Judge:Joe C. Morris |
Court of Appeals | 10/31/97 | ||
| 03C01-9405-CR-00161
03C01-9405-CR-00161
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 10/31/97 | |
| John Tigrett vs. Union Planters Bank
02A01-9703-CV-00057
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 10/31/97 | |
| State vs. Greene
03C01-9608-CC-00316
|
Blount County | Court of Criminal Appeals | 10/31/97 | |
| State vs. Christopher McBride
01C01-9610-CC-00437
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 10/30/97 | |
| First American vs. Fitzgerald
03A01-9704-CH-00131
|
Court of Appeals | 10/30/97 | ||
| 01CO1-9607-CC-00296
01CO1-9607-CC-00296
|
Montgomery County | Court of Criminal Appeals | 10/30/97 | |
| Edward Nesbitt vs. State
01C01-9611-CR-00491
Robert L. Smith, Jr. vs. Judge Sterling Gray, Warden Howard Carlton, and State of Tennessee
Originating Judge:Ann Lacy Johns |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| Otha Bomar vs. State
01C01-9607-CR-00325
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Anthony Darden
01C01-9604-CR-00140
Originating Judge:William M. Barker |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| Roach vs. State
03C01-9604-CC-00155
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 10/30/97 | |
| Whittle-Wolfe vs. Wolfe
03A01-9704-CV-00107
|
Court of Appeals | 10/30/97 | ||
| State vs. Patsy Baker
01C01-9508-CC-00277
|
Franklin County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Patrick Lewis, II, Patrick Lewis and Donna Lewis
01C01-9608-CC-00378
|
Williamson County | Court of Criminal Appeals | 10/30/97 | |
| William Joseph Hayes
01C01-9608-CC-00351
|
Williamson County | Court of Criminal Appeals | 10/30/97 | |
| Poats vs. Nelson
03A01-9704-CH-00138
|
McMinn County | Court of Appeals | 10/30/97 | |
| 01CO1-9610-CR-00450
01CO1-9610-CR-00450
Originating Judge:Sterling Gray |
Davidson County | Court of Criminal Appeals | 10/30/97 | |
| State vs. Karen McKnight
01C01-9601-CC-00042
|
Court of Criminal Appeals | 10/30/97 | ||
| Wilson vs. State
03C01-9611-CR-00409
|
Sullivan County | Court of Criminal Appeals | 10/30/97 |