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| Michael Eugene Smith v. Goodyear Tire & Rubber Co With Order
02S01-9603-CH-00037
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the award of permanent partial disability benefits is excessive and, particularly, that the award exceeds the limitation contained in Tenn. Code Ann. section 5-6- 241(a)(1). As discussed below, the panel has concluded the award should be affirmed. The employee or claimant, Smith, is forty-seven and a high school graduate. He has worked for Goodyear since 1969, at several different jobs, all involving manual labor. On May 13, 1994, he injured his back lifting. The claimant was referred to an orthopedic surgeon, who diagnosed a central disc herniation at L5-S1, which was surgically repaired bilaterally. As a result of the injury and surgery, he can lift only 3 pounds frequently and 5 pounds occasionally. He is further limited in his bodily activities and has a permanent medical impairment of ten percent to the whole body. The operating surgeon testified that the claimant is medically disqualified from returning to his pre-injury job or any other one which would require heavy lifting or painful activity. When the claimant returned to work after a period of recuperation, he was offered a choice of jobs. The one he accepted was within his limitations, but he receives a lower hourly wage than he was earning before the injury. He continues to have pain and stiffness from working. The chancellor awarded permanent partial disability benefits on the basis of forty percent 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). For injuries occurring after August 1, 1992, in cases where and injured worker is entitled to permanent partial disability benefits to the body as a whole and the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, the maximum permanent partial disability award the employee may receive is two and one-half times the medical impairment rating. Tenn. Code Ann. section 5-6-241(a)(1). If the offer of return employment is not reasonable in light of the circumstances of the employee's physical disability to 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. William Michael Malone, |
Smith County | Workers Compensation Panel | 04/01/97 | |
| 02A01-9604-CH-00071
02A01-9604-CH-00071
Originating Judge:Crowson |
Court of Appeals | 03/31/97 | ||
| 02A01-9605-CV-00105
02A01-9605-CV-00105
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 03/31/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Sullivan County | Court of Appeals | 03/31/97 | |
| 02A01-9606-CH-00134
02A01-9606-CH-00134
Originating Judge:John Walton West |
Decatur County | Court of Appeals | 03/31/97 | |
| 02C01-9508-CR-00224
02C01-9508-CR-00224
|
Shelby County | Court of Criminal Appeals | 03/31/97 | |
| El Rayford vs. Stephen Leffler (Order)
02A01-9607-CV-00162
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 03/31/97 | |
| 02C01-9603-CR-00070
02C01-9603-CR-00070
|
Shelby County | Court of Criminal Appeals | 03/27/97 | |
| 02A01-9507-CH-00144
02A01-9507-CH-00144
Originating Judge:Floyd Peete, Jr. |
Shelby County | Court of Appeals | 03/27/97 | |
| 02C01-9510-CR-00330
02C01-9510-CR-00330
|
Shelby County | Court of Criminal Appeals | 03/27/97 | |
| 03C01-9604-CR-00160
03C01-9604-CR-00160
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/27/97 | |
| Abou-Sakher vs. Humphreys Co, et. al.
01A01-9604-CH-00185
Originating Judge:Leonard W. Martin |
Humphreys County | Court of Appeals | 03/27/97 | |
| Flowers vs. Traughber
01A01-9609-CH-00392
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 03/27/97 | |
| 01C01-9603-CC-00096
01C01-9603-CC-00096
|
Dickson County | Court of Criminal Appeals | 03/27/97 | |
| 01A01-9603-CH-00138
01A01-9603-CH-00138
|
Court of Appeals | 03/27/97 | ||
| 01C01-9602-CC-00057
01C01-9602-CC-00057
|
Overton County | Court of Criminal Appeals | 03/27/97 | |
| 03C01-9606-CC-00216
03C01-9606-CC-00216
|
Sevier County | Court of Criminal Appeals | 03/27/97 | |
| Harmon vs. Dunn
01A01-9607-CH-00344
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 03/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Smith County | Court of Appeals | 03/27/97 | |
| 02C01-9601-CC-00006
02C01-9601-CC-00006
Originating Judge:Joe G. Riley. Jr. |
Dyer County | Court of Criminal Appeals | 03/27/97 | |
| 01C01-9509-CR-00309
01C01-9509-CR-00309
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/27/97 | |
| 03C01-9512-CC-00401
03C01-9512-CC-00401
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 03/27/97 | |
| 01C01-9603-CC-00109
01C01-9603-CC-00109
|
Bedford County | Court of Criminal Appeals | 03/27/97 | |
| 02C01-9603-CC-00090
02C01-9603-CC-00090
|
Madison County | Court of Criminal Appeals | 03/27/97 | |
| Mallard vs. Tompkins
M2000-00162-COA-R3-CV
The trial court entered judgment on a jury verdict for the defendant. The plaintiff argues on appeal that the trial court committed reversible error by failing to exclude from the jury a woman who revealed that she knew some members of the defense attorney's family. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 03/27/97 |