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| Tammie S. Watson (Jamesvs. Liberty Mutual Ins. Co., et al.
01S01-9608-CH-00159
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff originally claimed injury to the right arm while working at La Del Manufacturing Company and injury to or aggravation of a pre-existing injury to the left arm at her later employment at McDonalds of Lawrenceburg. The two cases were consolidated for trial, and the trial court dismissed the second employer after the hearing. Plaintiff was awarded 35% permanent partial disability to each upper extremity, and the first employer was found liable for both injuries. We affirm the judgment of the trial court. On February 7, 1992, Plaintiff banged her right hand on a chair while working at La Del Manufacturing Company. She continued to work for La Del, using her left hand to perform tasks previously performed by the right or with both hands, until March 3, 1992. There is no contest concerning the injury to the plaintiff's right arm. On March 15, 1992 she saw Dr. Kenneth L. Moore, whose deposition indicates paresthesia in both hands. On April 22, 1992, she underwent surgical release due to carpal tunnel syndrome on the right. On May 27, 1992, when she returned to the surgeon for post-surgical follow-up care, she complained of tingling in her left hand. In November of 1993, plaintiff obtained a job at McDonalds through a program which hires handicapped workers. McDonalds placed her in various jobs in an effort to accommodate her limitations. Plaintiff testified that she continued to experience pain whenever she tried to do anything with the left hand. After a leg injury at McDonalds unrelated to the case at bar, plaintiff was unsuccessful in her efforts to get appropriate work limitation documentation for McDonalds from her doctor. When McDonalds withheld her return to work pending receipt of the required release, she went to work at Hardees, and later at Shoneys. On June 16, 1994, plaintiff had carpal tunnel surgery on the left hand. Dr. Moore opined when deposed that plaintiff sustained no additional medical impairment as a result of her job at McDonalds. However, he was unwilling to assert 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. James L. Weatherford |
Lawrence County | Workers Compensation Panel | 08/25/97 | |
| Tammy R. Ganzevoort vs. Richard B. Russell, Martha T. Russell, and Jim Cassetty d/b/a Jim Cassetty Realty - Concurring
01S01-9602-CV-00040
This case presents for review the decision of the Court of Appeals reversing the trial court and dismissing an action for violation of the Tennessee Consumer Protection Act1 brought by the purchaser of residential real property against the seller and the seller’s broker. The judgment of the Court of Appeals dismissing the suit is affirmed.
Authoring Judge: Justice Lyle Reid
Originating Judge:Judge Thomas Goodall |
Sumner County | Supreme Court | 08/25/97 | |
| Ganzevoort vs. Russell
01S01-9602-CV-00040
|
Supreme Court | 08/25/97 | ||
| State vs. Charles E. Miller
01C01-9607-CR-00290
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 08/22/97 | |
| State vs. Calvin Head
01C01-9512-CC-00401
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 08/22/97 | |
| State vs. Larry Wayne King a/k/a Key & Andrew Byers
01C01-9601-CC-00002
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 08/22/97 | |
| State vs. Delmer Ray Hall
01C01-9608-CR-00353
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 08/22/97 | |
| State vs. Arthur E. Chandler
01C01-9608-CC-00345
Originating Judge:Thomas T. Woodall |
Court of Criminal Appeals | 08/22/97 | ||
| State vs. William H. Stitts
02C01-9602-CC-00053
|
Madison County | Court of Criminal Appeals | 08/22/97 | |
| Morris Donegan vs. State
01C01-9608-CR-00354
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/22/97 | |
| Douglas Mattes vs. State
01C01-9609-CC-00398
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 08/22/97 | |
| State vs. Richard Madkins
02C01-9511-CR-00351
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 08/22/97 | |
| State, ex. rel., Alsobrooks vs. Rowlett
01C01-9605-CC-00211
Originating Judge:Robert E. Burch |
Stewart County | Court of Criminal Appeals | 08/22/97 | |
| Thomas V. Case vs. State
01C01-9610-CC-00444
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 08/22/97 | |
| W2001-01724-COA-R3-JV
W2001-01724-COA-R3-JV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 08/22/97 | |
| State vs. David Johnson
02C01-9609-CR-00305
|
Court of Criminal Appeals | 08/22/97 | ||
| Bruce Hutton, et al vs. City of Savannah, TN
02A01-9612-CV-00314
Originating Judge:Julian P. Guinn |
Hardin County | Court of Appeals | 08/22/97 | |
| State vs. Robert K. Booher
01C01-9604-CC-00131
Originating Judge:Robert E. Burch |
Humphreys County | Court of Criminal Appeals | 08/22/97 | |
| James Edward Hughes vs. State
01C01-9605-CC-00188
Originating Judge:J. S. Daniel |
Rutherford County | Court of Criminal Appeals | 08/22/97 | |
| Thomas V. Case vs. State
01C01-9610-CC-00444
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 08/22/97 | |
| State vs. Dunlap
03C01-9607-CR-00251
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/21/97 | |
| State vs. Jerry Blaylock
02C01-9602-CC-00069
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 08/21/97 | |
| State vs. Jimmy L. McCurry
02C01-9706-CC-00201
|
Lake County | Court of Criminal Appeals | 08/21/97 | |
| Mcdaniel v. Universal
03S01-9612-CV-00121
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. T. C. A. _ 5-6-241(a)(2) authorizes the Court to "reconsider upon the filing of a new cause of action the issue of industrial disability" and enlarge a previous award in appropriate cases where the employee is no longer employed by the pre-injury employer and files a timely application for an increase in benefits. This complaint was filed September 1, 1994. The plaintiff alleged that she had suffered a job-related back injury in 1993 which was resolved under the workers' compensation law on July 18, 1994 by a judgment approving a lump-sum settlement based on a finding of 2 percent vocational disability, with the proviso that she be allowed to return to work "within her medical restrictions."1 The judgment provided for the payment of future medical expenses provided the plaintiff consulted the defendant before seeking treatment from an authorized medical provider. She further alleged that she returned to work on July 11, 1994 and on August 17, 19942 during the course of her employment she again injured her back which resulted in total disability for which she sought an enlargement of the previous award. The plaintiff's job was sedentary. It involved "putting screws in bags." Upwards of eight one-inch screws were placed in a small glassine bag, total weight less than one ounce. She testified that owing to the laziness of fellow workers she occasionally had to stretch her arms in order to reach the materials and on August 17, 1994 "pulled her back" resulting in the alleged new injury and increased disability. The defendant denied that the plaintiff was injured as alleged and asserted that her anatomical impairment was no greater than as found by the Court on July 18, 1994. The trial judge found that this was not "an appropriate case under the provisions of T. C. A. _ 5-6-241(a)(2)" and dismissed the case. The plaintiff 1These "medical restrictions" are not otherwise defined or explicated. 2Twenty-nine days after the settlement. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ben K. Wexler |
Knox County | Workers Compensation Panel | 08/21/97 | |
| Ebasco v. Rice
03S01-9701-CH-00009
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The paraphrased issue in this case is whether the finding of 15% permanent partial disability is supported by a preponderance of the evidence under our standard of review as mandated by Rule 13(d), T.R.A.P. and T.C.A. _ 5-6-225(e)(2). It is not disputed that the appellee suffered a job-related accidental back injury on August 12, 1993, while using a 2-pound drill with one hand because of close working quarters. Officially, he lost no time from work but was assigned to lighter duties until he was laid off in July 1994. He testified that during the year following his injury, he missed about 25-3 days because of back pain. In October 1994 he was employed by another company as a pipefitter but was laid off after only three weeks because he could not do heavy lifting. He took re-training courses in valve technology and obtained satisfactory employment not involving the lifting of heavy materials. He testified that he can no longer engage in physical activities which require heavy lifting. Dr. Herbert Dodge was his treating physician. He initially prescribed conservative treatment for a spondylolisthesis at the lowest part of the low back, with accompanying muscle spasms. He did not relate the spondylolisthesis to an injury, because it was congenital, but said the muscle spasm was caused by trauma. Dr. Dodge continued to see the appellee who complained of pain but followed instructions with respect to light work. He opined that the appellee had a three (3%) percent medical impairment to his whole body as a result of his injury. Dr. Lester Littell examined the appellee on one occasion, March 2, 1994, for the purpose of evaluation. He concurred in the diagnosis of spondylolisthesis and testified that if the condition is symptomatic, i.e., if the patient suffered a reported injury which was documented and if he complains of pain, the AMA Guidelines call for a seven (7%) percent impairment rating. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jeffrey F. Stewart, |
Knox County | Workers Compensation Panel | 08/21/97 |