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02A01-9510-CV-00217 02A01-9510-CV-00217 Originating Judge:D'Army Bailey	Shelby County	Court of Appeals	09/13/96
02A01-9507-CH-00154 02A01-9507-CH-00154 Originating Judge:D. J. Alissandratos	Shelby County	Court of Appeals	09/13/96
James v. Doramus 01A01-9603-CH-00139 Originating Judge:Henry Denmark Bell	Williamson County	Court of Appeals	09/13/96
02A01-9505-CH-00104 02A01-9505-CH-00104		Court of Appeals	09/13/96
National Healthcorp, L.P. v. James Puckett 01S01-9510-CV-00187 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 employer filed this complaint asking the trial court to determine whether the employee sustained any permanent partial disability as a result of an incident at work in which he was in an elevator which fell or sped downward for ten floors. The trial court found that plaintiff sustained a work-related injury resulting in temporary disability but failed to meet his burden of proving permanent impairment and therefore was not entitled to permanent partial disability benefits. The court found that certain court-ordered temporary total disability benefits had been paid beyond the employee's period of temporary disability, and ordered the employee to reimburse the employer $3,826.32 for this overpayment. Further, the court ordered the employer to pay medical expenses for authorized physicians and the employee to pay medical expenses for treatment he secured on his own. An issue raised on briefs as to the characterization of benefits so as to affect Social Security payments was withdrawn by employee's counsel at oral argument and will not be discussed herein. We affirm the judgment of the trial court. The employee worked for this employer from 199 until February 1992, when he was involved in an on-the-job accident. On February 19, 1992, while he was in a company elevator, the elevator "fell" or traveled too quickly from the fourteenth to the fourth floor. The employee was tossed about inside the elevator, wrenching his shoulder and neck. The employee was treated by various physicians, some of whom were approved by the employer and some of whom he saw on his own. Dr. Richard Rogers, an orthopedic surgeon, found degenerative changes in plaintiff's cervical spine not caused by trauma. Dr. Arthur Cushman, neurosurgeon provided a second surgical opinion at the court's order and found no permanent impairment. Authoring Judge: Senior Judge John K. Byers Originating Judge:Hon. Robert E. Corlew	Rutherford County	Workers Compensation Panel	09/13/96
Forbes vs. Wilson Co. Emergency 01A01-9602-CH-00089 Originating Judge:C. K. Smith	Wilson County	Court of Appeals	09/13/96
01C01-9511-PB-00380 01C01-9511-PB-00380	Davidson County	Court of Criminal Appeals	09/13/96
National Healthcorp, L.P. v. James Puckett 01S01-9510-CV-00187 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 employer filed this complaint asking the trial court to determine whether the employee sustained any permanent partial disability as a result of an incident at work in which he was in an elevator which fell or sped downward for ten floors. The trial court found that plaintiff sustained a work-related injury resulting in temporary disability but failed to meet his burden of proving permanent impairment and therefore was not entitled to permanent partial disability benefits. The court found that certain court-ordered temporary total disability benefits had been paid beyond the employee's period of temporary disability, and ordered the employee to reimburse the employer $3,826.32 for this overpayment. Further, the court ordered the employer to pay medical expenses for authorized physicians and the employee to pay medical expenses for treatment he secured on his own. An issue raised on briefs as to the characterization of benefits so as to affect Social Security payments was withdrawn by employee's counsel at oral argument and will not be discussed herein. We affirm the judgment of the trial court. The employee worked for this employer from 199 until February 1992, when he was involved in an on-the-job accident. On February 19, 1992, while he was in a company elevator, the elevator "fell" or traveled too quickly from the fourteenth to the fourth floor. The employee was tossed about inside the elevator, wrenching his shoulder and neck. The employee was treated by various physicians, some of whom were approved by the employer and some of whom he saw on his own. Dr. Richard Rogers, an orthopedic surgeon, found degenerative changes in plaintiff's cervical spine not caused by trauma. Dr. Arthur Cushman, neurosurgeon provided a second surgical opinion at the court's order and found no permanent impairment. Authoring Judge: Senior Judge John K. Byers Originating Judge:Hon. Robert E. Corlew	Rutherford County	Workers Compensation Panel	09/13/96
Craig v. Gabbert 01A01-9506-CH-00274 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	09/13/96
01C01-9512-CC-00412 01C01-9512-CC-00412	Giles County	Court of Criminal Appeals	09/13/96
Forbes vs. Wilson Co. Emergency 01A01-9602-CH-00089	Wilson County	Court of Appeals	09/13/96
02A01-9504-CV-00068 02A01-9504-CV-00068 Originating Judge:James T. Allison	Shelby County	Court of Appeals	09/13/96
01C01-9507-CC-00235 01C01-9507-CC-00235 Originating Judge:Robert W. Wedemeyer	Montgomery County	Court of Criminal Appeals	09/13/96
02A01-9504-CV-00095 02A01-9504-CV-00095 Originating Judge:D'Army Bailey	Shelby County	Court of Appeals	09/12/96
02A01-9506-CH-00128 02A01-9506-CH-00128 Originating Judge:George R. Ellis	Gibson County	Court of Appeals	09/12/96
02A01-9504-CH-00080 02A01-9504-CH-00080 Originating Judge:D. J. Alissandratos	Shelby County	Court of Appeals	09/11/96
01A01-9602-CV-00078 01A01-9602-CV-00078 Originating Judge:Donald P. Harris	Williamson County	Court of Appeals	09/11/96
01A01-9601-CV-00038 01A01-9601-CV-00038 Originating Judge:Thomas Goodall	Sumner County	Court of Appeals	09/11/96
01A01-9511-CH-00501 01A01-9511-CH-00501 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	09/11/96
01A01-9601-CV-00038 01A01-9601-CV-00038		Court of Appeals	09/11/96
03S01-9511-CH-00122 03S01-9511-CH-00122 Originating Judge:John K. Byers		Supreme Court	09/11/96
Larry Coleman v. Kimberly-Clark Corporation 02S01-9602-CV-00021 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 contends the award of permanent partial disability benefits is excessive and that the trial judge "erred in failing to use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to review the anatomical impairment assigned by" the operating surgeon. The employee contends the award is inadequate. The panel has concluded the judgment should be affirmed as modified herein. The employee or claimant, Larry Coleman, is 52 and a high school graduate with no other training or education. He has worked all his adult life as an unskilled worker. On November 17, 1992, the fork lift which he was operating for the employer fell out of a truck bed to a parking lot, injuring him. He was treated and released at an emergency room and returned to work with pain. He ultimately was referred to a neurosurgeon, whom he first saw on January 26, 1993. The doctor diagnosed a herniated lumbar disc and prescribed an epidural block for the relief of pain. When conservative care no longer relieved the claimant's pain, surgery was performed. Since the surgery, he has continued to have disabling leg and back pain and numbness. The operation was the claimant's second for a ruptured disc in the low back, the other having occurred some seventeen years earlier. The claimant cannot sit or stand for long periods of time and has severely limited ability to bend forward. The operating surgeon assigned a permanent impairment rating of eighteen percent to the whole body, from the injury and surgery superimposed on his pre-existing spinal stenosis, using the AMA guidelines. Mr. Coleman does not think he can return to any kind of work. He has not worked since the surgery. A vocational expert examined the claimant and his medical records. The expert opined that the claimant has no transferable job skills and that he has no employability. The expert's opinion is based in part, however, on a hip problem which is not shown to have pre-existed the injury at work or to have been caused by the injury at work. We find no countervailing medical or vocational testimony in the record. The trial judge found the claimant's permanent industrial disability to be eighty-eight percent to the body as a whole and awarded benefits on that basis. Appellate review is de novo upon the record of the trial court, 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Kay S. Robilio,	Shelby County	Workers Compensation Panel	09/11/96
Larry Coleman v. Kimberly-Clark Corporation 02S01-9602-CV-00021 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 contends the award of permanent partial disability benefits is excessive and that the trial judge "erred in failing to use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to review the anatomical impairment assigned by" the operating surgeon. The employee contends the award is inadequate. The panel has concluded the judgment should be affirmed as modified herein. The employee or claimant, Larry Coleman, is 52 and a high school graduate with no other training or education. He has worked all his adult life as an unskilled worker. On November 17, 1992, the fork lift which he was operating for the employer fell out of a truck bed to a parking lot, injuring him. He was treated and released at an emergency room and returned to work with pain. He ultimately was referred to a neurosurgeon, whom he first saw on January 26, 1993. The doctor diagnosed a herniated lumbar disc and prescribed an epidural block for the relief of pain. When conservative care no longer relieved the claimant's pain, surgery was performed. Since the surgery, he has continued to have disabling leg and back pain and numbness. The operation was the claimant's second for a ruptured disc in the low back, the other having occurred some seventeen years earlier. The claimant cannot sit or stand for long periods of time and has severely limited ability to bend forward. The operating surgeon assigned a permanent impairment rating of eighteen percent to the whole body, from the injury and surgery superimposed on his pre-existing spinal stenosis, using the AMA guidelines. Mr. Coleman does not think he can return to any kind of work. He has not worked since the surgery. A vocational expert examined the claimant and his medical records. The expert opined that the claimant has no transferable job skills and that he has no employability. The expert's opinion is based in part, however, on a hip problem which is not shown to have pre-existed the injury at work or to have been caused by the injury at work. We find no countervailing medical or vocational testimony in the record. The trial judge found the claimant's permanent industrial disability to be eighty-eight percent to the body as a whole and awarded benefits on that basis. Appellate review is de novo upon the record of the trial court, 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Kay S. Robilio,	Shelby County	Workers Compensation Panel	09/11/96
02C01-9509-CR-00255 02C01-9509-CR-00255	Shelby County	Court of Criminal Appeals	09/11/96
Anthony S. Hopson v. Protein Technologies 02S01-9603-CV-00027 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 contends only that the award of permanent partial disability benefits on the basis of fifty percent to the arm is excessive. The panels finds the award should be reduced to one based on thirty-five percent to the arm. The employee or claimant, Hopson, is forty-three with a high school education, one year of college and three years of military service as an aviation ordinance mechanic. On April 14, 1994, while working for Protein Technologies, he injured his left arm lifting a product weighing forty-four pounds. His doctor diagnosed lateral epicondylitis and acute olecranon bursitis, and prescribed injections, medication and physical therapy. The claimant reached maximum medical improvement on August 1, 1994, when the doctor assessed his permanent impairment at five percent to the left arm and released him to return to work with a weight lifting restriction of twenty pounds. The claimant first returned to light duty, then to a position earning as much as or more than before the injury. The trial judge awarded, among other things, permanent partial disability benefits based on fifty percent to the arm. 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 courts 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); McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995). From a consideration of the pertinent factors established by the proof in this case, the panel finds that the evidence preponderates against an award based on fifty percent to the arm and in favor of one based on thirty- five percent to the arm. The judgment of the trial court is modified accordingly, but otherwise affirmed. Costs on appeal are taxed to the plaintiff-appellee. 2 Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Anthony S. Hopson,	Shelby County	Workers Compensation Panel	09/11/96