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| Greene County, Tennessee v. Lisa Ward, Jarrod Ward and Jordan Ward
03S01-9510-CH-00116
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. These cases were instituted by Greene County, Tennessee, plaintiff, against the dependents of William Guy Ward, deceased, and Robert John Desormeaux, deceased, defendants, to determine whether the deaths of the two individuals are compensable under the Workers' Compensation laws of our state. The trial court determined the claims were not compensable as their deaths did not arise out of and in the course of their employment. Defendants have appealed insisting the evidence preponderates against this finding. William Guy Ward and Robert John Desormeaux were part-time auxiliary officers of the Greene County Sheriff's Department. They died as a result of an airplane crash on the night of July 11, 1994, at about 11: p.m. The airplane was being operated by Officer Desormeaux and Officer W ard was riding as a passenger. The record indicates auxiliary officers received limited training as compared to the training of a regular certified deputy sheriff. As auxiliary officers, they were scheduled to work twice a month for 8-16 hours, and this assignment was on weekends because the Sheriff's Department was usually busier at this time during the week. Auxiliary officers were always assigned to work with a regular certified deputy sheriff on patrol and were paid $5. per hour when performing scheduled work. The evidence indicates an auxiliary officer could work at other times with permission but would not be compensated for this work activity. Officers Ward and Desormeaux had been auxiliary officers for about one year, and their work activity with the Sheriff's Department had been riding with and assisting a regular deputy on patrol. As auxiliary officers, they were bonded deputies. The Auxiliary Organization Manual Of The Greene County Sheriff's Department provided auxiliary personnel shall follow the direction of full-time 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Dennis H. Inman |
Greene County | Workers Compensation Panel | 10/15/96 | |
| 03C01-9601-CC-00041
03C01-9601-CC-00041
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/15/96 | |
| 03C01-9509-CC-00256
03C01-9509-CC-00256
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 10/15/96 | |
| Shelby Williams Industries v. Alton Sane
03S01-9601-CH-00004
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. Plaintiff, Shelby Williams Industries, Inc., instituted suit against Defendant, Alton Sane, seeking a determination as to whether the defendant had sustained a work-related injury which was compensable. The Chancellor found the claim to be compensable and fixed defendant's permanent partial disability at fifty percent to the body as a whole. The employer has appealed insisting the evidence is not sufficient to support the award and that the evidence preponderates against the trial court's findings. The employee is forty years old and has a twelfth-grade education. He testified he sustained an injury on July 12, 1994, while assembling chair backs; he was using a two-wheel dolly and, as he rolled it, a chair frame started to slide off and he attempted to catch it with the dolly in one hand and the frame in the other hand; while in this position, he felt a jolt in his low back; the next morning his legs tingled, and there was a numb feeling. He was seen at the hospital emergency room and was released; he also saw the company physician and later an orthopedic surgeon; he returned to work on August 3, 1994. The employee told the court he was injured again on October 7, 1994, while doing the same type work; he said, while in a twisted position, he bent over to get a chair seat; as he was reaching for the seat, he sneezed, and it felt like he had been shot; he saw the company doctor again and the orthopedic surgeon, who diagnosed the problem as a ruptured disc; surgery was performed during November, 1994; and he had not been released to return to work as of the date of the trial on August 31, 1995. Dr. William Foster, an orthopedic surgeon, testified by deposition and stated he saw defendant shortly after both the July and October incidents; his opinion in July was that he had suffered a lumbar strain with a possible ruptured dis,c but he did not do further testing as his patient seemed to improve and returned to work; he 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Dennis H. Inman, |
Hamblen County | Workers Compensation Panel | 10/15/96 | |
| 03C01-9404-CR-00131
03C01-9404-CR-00131
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/15/96 | |
| 02A01-9511-CV-00262
02A01-9511-CV-00262
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 10/15/96 | |
| 03C01-9504-CR-00121
03C01-9504-CR-00121
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 10/15/96 | |
| 02S01-9507-CH-00056
02S01-9507-CH-00056
|
Supreme Court | 10/14/96 | ||
| 01S01-9509-CR-00170
01S01-9509-CR-00170
Originating Judge:Walter C. Kurtz |
Supreme Court | 10/14/96 | ||
| 02A01-9409-CH-00213
02A01-9409-CH-00213
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 10/14/96 | |
| 03C01-9506-CC-00178
03C01-9506-CC-00178
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/14/96 | |
| 01A01-9604-CV-00145
01A01-9604-CV-00145
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 10/11/96 | |
| 01A01-9601-CH-00046
01A01-9601-CH-00046
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 10/11/96 | |
| 03A01-9603-CV-00078
03A01-9603-CV-00078
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 10/11/96 | |
| 01A01-9510-DR-00464
01A01-9510-DR-00464
Originating Judge:Burton D. Glover |
Robertson County | Court of Appeals | 10/11/96 | |
| 03A01-9604-CV-00119
03A01-9604-CV-00119
|
Court of Appeals | 10/11/96 | ||
| 03A01-9605-CV-00163
03A01-9605-CV-00163
|
Court of Appeals | 10/11/96 | ||
| 02C01-9501-CR-00029
02C01-9501-CR-00029
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 10/10/96 | |
| Kenneth W. Leach v. Driver Power Leasing & Humboldt Express
01S01-9601-CV-00021
Authoring Judge: Per Curiam
Originating Judge:Hon. Randolph A. Veazey, |
Davidson County | Workers Compensation Panel | 10/10/96 | |
| 02A01-9505-CH-00102
02A01-9505-CH-00102
|
Fayette County | Court of Appeals | 10/10/96 | |
| Deborah Jean Barne v. Emerson Electric Company
02S01-9505-CV-00043
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-22 5(e)(2). The employer contends the trial court erred in: 1. Awarding permanent partial disability benefits based on 8% to the left hand; and 2. Aw ardi ng th e cos t of o btain ing D r. Ro bert J. Ba rnet t's depos ition as a recove rable dis cretiona ry cost. We affirm the trial court as to both issues. Deborah Jean Barner ("Barner") is 41 years of age and a high school graduate. Other than attending college for one quarter, she has no additional educational experience , specialized training or vocational training. H er work history consists entirely of factory work. Prior to employment at Emerson, Barner performed assem bly work in a plastics factory a nd worked in fa ctories where clothing was co nstructe d and s hoes w ere ma nufactu red. On October 18, 1993, Barner injured her non-dominant left hand arising out of the course and scope of her employment. From a list of three doctors given to her by the employer, she chose Dr. Harrison, whose billing reflects that he treated her on four occasions over a four month period. Dr. Harrison referred her to Dr. Stonecipher, an o rthopedic surgeon. B arner became d issatisfied with Dr. Stonecipher's treatment and continued to have difficulty performing her job duties withou t swellin g and c onstan t pain. Barner was then referred by her attorney to Dr. David Gaw, who referred her to Dr. Charles Emerson, another orthopedic surgeon. Dr. Emerson's records, 2
Authoring Judge: Janice M. Holder, Judge
Originating Judge:Hon. Julian Guinn, |
Wayne County | Workers Compensation Panel | 10/10/96 | |
| Bobby G. Dickens v. Travelers Insurance Company
01S01-9512-CR-00227
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. In this appeal, the employer's insurer contends the award of permanent partial disability benefits is excessive. The panel concludes the award should be affirmed. The claimant, Dickens, is 54 years old with a high school education and no special skills. In April of 1993, while working for Eatherly Construction Company as a ditch digger, he twisted his right knee. He was referred to Dr. John McInnis, who arthroscopically diagnosed and removed a large tear from the lateral meniscus of the claimant's right knee joint. The doctor assessed a permanent anatomical impairment of seven and one-half percent to the right knee, from AMA Guidelines. The claimant returned to work on June 21, 1993, but is medically restricted from repetitive squatting. Because his duties at Eatherly required him to climb, squat and kneel, he left Eatherly and is now working for another construction company servicing equipment, a job he can perform while standing in a pit. He is making less than he would be making in his former work at Eatherly. The trial court awarded permanent partial disabililty benefits on the basis of forty percent to the injured leg. 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). Once the causation and permanency of an injury have been established by expert testimony, the trial judge may consider many pertinent factors, including age, job skills, education, training, duration of disability, and job opportunities for the disabled, in addition to anatomical impairment, for the purpose of evaluating the extent of a claimant's permanent disability. Tenn. Code Ann. section 5-6-241(a)(2). From a consideration of those factors in this case, the panel finds that the evidence fails to preponderate against the judgment of the trial court. The judgment of the trial court is therefore affirmed. Costs on appeal are taxed to the defendant-appellant. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. J. O. Bond, |
Smith County | Workers Compensation Panel | 10/10/96 | |
| St. Paul Fire & Marine Insurance Company and Lineal Group, Inc. v. Cecil Carrick
01S01-9509-CV-00146
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 awarded Defendant/Counter-Plaintiff 85% permanent partial disability to the left lower extremity. Plaintiff/Counter-Defendant below appeals, arguing that the trial court erred in finding that the employee's testimonywas credible; that the employee failed to prove that he sustained a permanent injury which arose out of and in the course of his employment; that the employee failed to give proper notice of his injury; that the evidence does not support an award of 85% to the lower extremity; and that the medical treatment awarded by the trialcourt was unauthorized and should not have been allowed. We affirm the judgment of the trial court. Defendant/Counter-Plaintiff worked at Samsonite for 3 years. Defendant/Counter-Plaintiff's other work experience includes growing tobacco and peppers, raising cattle, and performing various odd jobs. Defendant/Counter- Plaintiff has a high school education and some training in electronics. Defendant/Counter-Plaintiff's duties at Samsonite included counting and transferring chairs from one line to another. This involved shifting his weight from one leg to the other. It also involved spending long periods of time on his feet while working on a concrete floor. Because Defendant/Counter-Plaintiff suffered several strokes since the time of the injury and was unable to remember many of the specific facts surrounding his injury so as to be unavailable, the trial court relied on Defendant/Counter- Plaintiff's deposition testimony. Defendant/Counter-Plaintiff was 55 years old on the date that he gave his deposition testimony. Defendant/Counter-Plaintiff testified that he suffered from pain in his left knee. For four or five months prior tothe injury complained of, Defendant/Counter- Plaintiff's leg would swell from hip down to ankle. Defendant/Counter-Plaintiff told his foreman about the problems with his legs
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Robert E. Corlew |
Rutherford County | Workers Compensation Panel | 10/10/96 | |
| Deborah Jean Barne v. Emerson Electric Company
02S01-9505-CV-00043
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-22 5(e)(2). The employer contends the trial court erred in: 1. Awarding permanent partial disability benefits based on 8% to the left hand; and 2. Aw ardi ng th e cos t of o btain ing D r. Ro bert J. Ba rnet t's depos ition as a recove rable dis cretiona ry cost. We affirm the trial court as to both issues. Deborah Jean Barner ("Barner") is 41 years of age and a high school graduate. Other than attending college for one quarter, she has no additional educational experience , specialized training or vocational training. H er work history consists entirely of factory work. Prior to employment at Emerson, Barner performed assem bly work in a plastics factory a nd worked in fa ctories where clothing was co nstructe d and s hoes w ere ma nufactu red. On October 18, 1993, Barner injured her non-dominant left hand arising out of the course and scope of her employment. From a list of three doctors given to her by the employer, she chose Dr. Harrison, whose billing reflects that he treated her on four occasions over a four month period. Dr. Harrison referred her to Dr. Stonecipher, an o rthopedic surgeon. B arner became d issatisfied with Dr. Stonecipher's treatment and continued to have difficulty performing her job duties withou t swellin g and c onstan t pain. Barner was then referred by her attorney to Dr. David Gaw, who referred her to Dr. Charles Emerson, another orthopedic surgeon. Dr. Emerson's records, 2
Authoring Judge: Janice M. Holder, Judge
Originating Judge:Hon. Julian Guinn, Judge |
Henry County | Workers Compensation Panel | 10/10/96 | |
| Jerry v. Smith
01C01-9411-CC-00390
|
Dickson County | Court of Criminal Appeals | 10/10/96 |