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| Deborah Tuggle vs. Shelby Co. Government, et al
02A01-9606-CV-00147
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/97 | |
| 02C01-9509-CC-00259
02C01-9509-CC-00259
|
Lauderdale County | Court of Criminal Appeals | 05/20/97 | |
| Tommye Johnson vs. Edward Johnson, Sr.
02A01-9609-Cv-00217
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/97 | |
| Marilyn Morgan vs. Velma McCrory
02A01-9604-CV-00072
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 05/20/97 | |
| State vs. Henry Eugene Hodges
01S01-9505-CR-00080
|
Davidson County | Supreme Court | 05/19/97 | |
| State vs. Christopher Prentiss
02C01-9604-CR-00112
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Teague
03C01-9601-CC-00027
|
Blount County | Court of Criminal Appeals | 05/19/97 | |
| Kite vs. Kite
03S01-9610-CH-00099
|
Supreme Court | 05/19/97 | ||
| 03C01-9311-CR-00363
03C01-9311-CR-00363
Originating Judge:Edgar P. Calhoun |
Sullivan County | Court of Criminal Appeals | 05/19/97 | |
| Stein vs. Davidson Hotel Company
01S01-9610-CV-00202
|
Davidson County | Supreme Court | 05/19/97 | |
| State vs. Nail
03C01-9406-CR-00197
Originating Judge:Paul A. Swafford |
Rhea County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Johnson
03C01-9606-CC-00214
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Beeler
03C01-9607-CC-00264
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Maurice Garner
02C01-9508-CR-00223
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Lowery
03C01-9604-CC-00146
Originating Judge:William R. Holt |
Jefferson County | Court of Criminal Appeals | 05/19/97 | |
| State vs. John Childress
02C01-9605-CC-00154
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9606-CC-00257
01C01-9606-CC-00257
|
DeKalb County | Court of Criminal Appeals | 05/16/97 | |
| Michael Siniard v. Saturn Corporation
01S01-9609-CV-00175
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, age 43, remains employed by Saturn Corporation, where he began in 199. He developed carpal tunnel syndrome in both wrists in 1994 and was provided with splints, medication, and access to physical therapy. In time the plaintiff was referred to Dr. James W iesman, an orthopedic surgeon, who performed a carpal tunnel release on his right hand. He returned to work for Saturn which assigned him a job not involving repetitive use of his hands. The plaintiff filed this complaint seeking benefits for a permanent partial disability occasioned by the asserted impairment caused by the carpal tunnel syndrome. The trial judge awarded benefits based on a finding of ten percent permanent partial disability to his right arm. The plaintiff appeals, insisting the award is inadequate for the reasons hereafter discussed. The treating physician testified that the release surgery was successful and that the plaintiff retained a two (2) percent impairment to his right arm. The plaintiff was referred by his attorney to Dr. David W. Gaw, also an orthopedic surgeon, for evaluation. Dr. Gaw saw the plaintiff only on one occasion. He conducted various tests and concluded that the plaintiff had a ten percent permanent partial impairment to his right arm. He disdained as unauthorized by the AMA Guides an evaluation of two (2) percent impairment as found by Dr. Wiesman. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). The plaintiff criticizes Dr. Wiesman for his alleged failure to use the AMA Guides. While Dr. Wiesman apparently was not enamored by the Guides, he testified that "I used those Guides," and that "I did the impairment rating based on 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Maury County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9401-CC-00017
01C01-9401-CC-00017
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 05/16/97 | |
| Herbert Earl Carter v. Itt Hartford
01S01-9606-CH-00111
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. |
Carter County | Workers Compensation Panel | 05/16/97 | |
| Naomi Gentry v. Lumbermens Mutual Co., et al.
01S01-9608-CH-00165
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. This action was filed January 18, 1995 seeking benefits for a back injury sustained on April 6, 1994 while employed by the defendant hospital. The allegations of the complaint were generally denied, thus requiring the plaintiff to prove every element of her case by a preponderance of the evidence, except when relying upon TENN. CODE ANN. _ 5-6-242 which requires clear and convincing evidence as a predicate. The appellee allegedly suffered a back injury while lifting a patient. She was initially treated by a general practitioner in Gainsboro, Dr. E. M. Dudney, who referred her to Dr. Ray Hester, a neurosurgeon in Nashville, on May 5, 1994. Dr. Hester had treated the plaintiff for injuries she sustained in an automobile accident in 1982. These injuries involved, inter alia, a ruptured disc. She was released from treatment in 1983 with a 15 percent permanent partial impairment, and her activities were restricted. As stated, Dr. Hester saw the plaintiff eleven years later for this workers' compensation injury. He ordered a CT scan which revealed no significant pathology or findings and ultimately diagnosed her complaint as a lumbar strain. On July 19, 1995, he advised the employer by letter that: " . . . Mrs. Gentry apparently had a back strain. She had underlying degenerative joint disease in her back which was the result of her previous injuries to her back and not the more recent one where she was doing some lifting. I don't think she has any permanent impairment in relation to her lifting incident and no anatomical changes as a result of it." At some point before his deposition was taken for proof, Dr. Hester changed his opinion. He testified that the appellee had a five percent permanent impairment solely as a result of her 1994 injury. He found no objective signs of radiculopathy or loss of structural integrity. He imposed moderate lifting restrictions, and thought the appellee should be able to return to work. He found no anatomical changes in her back. Significantly, he testified that his impairment ratings of 15 percent for the 1982 injury and five percent for the 1994 injury were "separate and not a part and parcel of 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. C. K. Smith, |
Smith County | Workers Compensation Panel | 05/16/97 | |
| Kenneth & Bertie Downing vs. City of Memphis
02A01-9608-CV-00177
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 05/16/97 | |
| 01C01-9401-CC-00025
01C01-9401-CC-00025
Originating Judge:Donald P. Harris |
Perry County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9605-CR-00191
01C01-9605-CR-00191
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9607-CC-00289
01C01-9607-CC-00289
|
Court of Criminal Appeals | 05/16/97 |