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| Patterson vs. Amos, et. ux.
01A01-9609-CH-00410
|
Perry County | Court of Appeals | 05/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 05/21/97 | |
| 01CO1-9605-CC-00225
01CO1-9605-CC-00225
|
Coffee County | Court of Criminal Appeals | 05/21/97 | |
| Cunningham vs. Dept. of Saftey
01A01-9509-CH-00411
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/21/97 | |
| Randy Pertuset v. Pargo's, Inc.
01S01-9609-CH-00189
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 trial court dismissed the plaintiff's petition for workers' compensation benefits. The plaintiff raises the following issues: I. The trial court erred in finding that the altercation between the plaintiff and Thomas Wilson, a co-employee, was not an "accident" sufficient to justify an award of workers' compensation benefits. II. The trial court erred in finding that the medical evidence was insufficient to justify an award based on a mental or nervous disorder. We affirm the judgment of the trial court. The plaintiff in the case was employed as a supervisor at Pargo's, Inc., a restaurant. On January 27, 1994, during the lunch hour, the plaintiff became involved in an exchange with a cook over an order. The evidence shows the plaintiff entered the kitchen to reprimand the cook. The plaintiff pointed his finger at the cook's face as he spoke to him. There is a dispute between the plaintiff and the other witnesses about what then occurred. The plaintiff testified the cook struck him on the neck with his arm, and that he fell to the floor as a result of the blow. The plaintiff was the only witness to give this history of the confrontation. The other witnesses testified the cook placed his hand on the plaintiff's face and pushed him away. All of these witnesses testified the plaintiff did not fall. The day following the incident, the plaintiff became emotionally upset and had to leave work. Basically, the plaintiff was never successfully employed after this time because his mental condition seemed to deteriorate. The Chancellor's memorandum stated in its most pertinent part as follows: The Court finds that the altercation on January 27, 1994 between the plaintiff and Mr. Wilson did not amount to an "accident" sufficient to justify an award. While the plaintiff claims that the plaintiff assaulted him with such force sufficient to cause him to fall to the floor and suffer from neck stiffness, evidence in the record and testimony at trial do not support such a conclusion. Testimony at trial by co-workers who witnessed the altercation reports that the plaintiff began the altercation by verbally 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Irvin H. Kilcrease, Jr., |
Davidson County | Workers Compensation Panel | 05/21/97 | |
| 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 | ||
| Stein vs. Davidson Hotel Company
01S01-9610-CV-00202
|
Davidson County | 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 | |
| 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. Lowery
03C01-9604-CC-00146
Originating Judge:William R. Holt |
Jefferson 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. 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 |