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Betty Jo Cleghorn v. Suburban Home Health, Inc. 01S01-9510-CH-00178 This workers' compensation appeal has been referred to the Special 1 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 held that the plaintiff had not met her burden of proving that she sustained a permanent vocational disability as a result of her work-related injury. Plaintiff appeals, asserting that the evidence does not support the trial court's judgment. We affirm the judgment of the trial court. No transcript of the evidence was filed. The evidence available for our review consists of the medical depositions offered in the trial court and their attendant exhibits. The medical evidence, taken as a whole, supports the judgment of the trial court. Our standard of review is de novo on the record accompanied by the presumption that the findings of fact by the trial court are correct. TENN. CODE ANN. _ 5-6-225(e)(2) Where no transcript of the evidence is filed, the appellate courts will conclusively presume that every fact admissible under the pleadings was found in favor of the appellee. Wilson v. Hafley, 189 Tenn. 598, 226 S.W.2d 38, 311 (1949); Hollingsworth v. Safeco Ins. Cos., 782 S.W.2d 477, 479 (Tenn. App. 1989). Upon the record in this case, we can only find that the evidence does not preponderate against the judgment of the trial court. We affirm the judgment and the costs are taxed to the plaintiff/appellant. We remand the case to the trial court. John K. Byers, Senior Judge CONCUR: 2 Authoring Judge: John K. Byers, Senior Judge Originating Judge:Hon.Claudia C. Bonnyman,	Davidson County	Workers Compensation Panel	06/20/96
Kathy Shrum v. Insurance Company of The State of Pennsylvania 01S01-9511-CH-00205 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 appeal by Defendant, Insurance Company of the State of Pennsylvania, has resulted from the action of the trial court in authorizing the employee to seek treatment from a physician not designated by the employer. The dispute has arisen after the parties reached a settlement of all issues, and it relates to post- judgment treatment of plaintiff, Kathy Shrum. During February, 1995, an order of compromise and settlement was entered stating the employee was to receive an award of permanent disability benefits based on a 4.17% disability to the body as a whole. The order recited plaintiff was to remain under the care of Dr. Dave A. Alexander, an orthopedic surgeon, who had performed surgery on plaintiff and who was her treating physician for carpal tunnel syndrome injuries. Dr. Alexander had been designated along with two other surgeons by the Defendant as medical care providers pursuant to our statute. After providing for the furnishing of future medical expenses, the order recited The parties specifically recognize that defendant has not accepted as compensable and will not pay medical benefits related to any condition other than plaintiff's alleged bilateral carpal tunnel syndrome in light of the fact that there is medical proof which suggests that plaintiff suffers from a congenital condition known as cervical ribs which might be responsible for some of plaintiff's current symptomatology. On May 19, 1995, plaintiff filed a motion reciting she had not been receiving satisfactory medical attention and requested the court to choose an independent physician to treat her or to allow plaintiff to choose her own treating physician. Defendant filed a response opposing the request and alleged there was no evidence to support her claim as she had not been treated since April 4, 1994. On June 19, 1995, an order was entered by the trial court, stating " . . . Plaintiff is not satisfied with the doctors submitted to treat plaintiff by defendant . . ." -2- Authoring Judge: Per Curiam Originating Judge:Hon. C. K. Smith,	Macon County	Workers Compensation Panel	06/20/96
Habeas Corpus Proceeding. See Haggard v. State, 475 S.W.2D 186, 187 (Tenn. Crim. 02C01-9612-CC-00467	Lake County	Court of Criminal Appeals	06/20/96
Martin Ellison Hughes v. Pioneer Plastics, Inc. and WaUSAu Insurance Co. 03S01-9509-CV-00110 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 injured his lower back lifting a heavy machine part at work on June 21, 1994. The trial court awarded him 5 percent permanent partial disability to the body as a whole and denied plaintiff's request for payment in lump sum. We affirm the judgment of the trial court. Plaintiff's injury at work on June 21, 1994 resulted in a herniated disc at L4- L5 which was treated conservatively without improvement. He underwent surgical repair on September 6, 1994 by Dr. Steven A. Sanders. He reached maximum medical improvement on February 5, 1995 and Dr. Sanders assessed 1 percent permanent partial impairment. Plaintiff was limited to lifting no greater than 35 pounds occasionally or 17 pounds frequently or five pounds constantly. He was told not to work at a job requiring constant bending. Plaintiff underwent independent medical examination by Dr. Gilbert Hyde, orthopedic surgeon, on March 1, 1995. Dr. Hyde also opined that plaintiff had reached maximum medical improvement and assessed 15 percent permanent partial impairment to the body as a whole. He opined the plaintiff should not lift over 25 pounds, not repetitively lift over 1 to 15 pounds, and do no prolonged riding, driving, sitting, bending, twisting or stooping. Dr. Norman Hankins, vocational specialist, evaluated plaintiff on March 13, 1995. He opined plaintiff is 48 percent to 64 percent vocationally disabled, with the variance owing to the differences in limitations placed on plaintiff by Drs. Sanders and Hyde. Plaintiff testified that he is in constant pain in his lower back and right leg. He has trouble sleeping due to the pain and cannot put any pressure on his right leg. He cannot drive, and a friend takes him where he needs to go. He does not believe he is able to work. Our review is de novo on the record with a presumption that the findings of 2 Authoring Judge: Senior Judge John K. Byer Originating Judge:Hon. Ben K. Wexler	Knox County	Workers Compensation Panel	06/20/96
Farhad Yasin Sorani v. Royal Insurance Company of America and Kenco Plastics, Inc. 01S01-9510-CH-00179 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 judge awarded compensation to the worker based on 5% permanent partial disability to both arms. Because we find that the evidence preponderates against the award, we modify it to 25% disability to both arms. I. Mr. Sorani, an Iraqi Kurdish refugee, went to work for Kenco Plastics, Inc. on or about February 1, 1994. His duties included gripping and cutting plastic, and involved repetitive hand movements. On May 16, 1994 he went to the Sumner County Regional Medical Center complaining of soreness in his left arm. He was diagnosed with tendonitis and put on light duty for seven days. On June 24, 1994 Mr. Sorani consulted an orthopaedic specialist for pain and numbness in both hands. An examination resulted in a diagnosis of bilateral carpal tunnel syndrome. On July 2, 1994 he was referred to another specialist, for complaints of numbness and tingling in the fingers of both hands. This specialist confirmed the carpal tunnel syndrome diagnosis and concluded that it was caused or aggravated by the work at Kenco Plastics. The doctor treated Mr. Sorani conservatively until October 28, 1994 when he performed carpal tunnel release surgery on the right hand. Following the surgery, Mr. Sorani suffered from an involuntary "triggering" movement in the ring finger on his right hand. His doctor thought that the condition would improve on its own if he was given three weeks rest. The doctor - 2 - Authoring Judge: Ben H. Cantrell, Special Judge Originating Judge:Hon. Jane W Heatcraft, Judge	Sumner County	Workers Compensation Panel	06/20/96
Beecher Kent Bilbrey v. Roadway Express, Inc. 01S01-9511-CH-00215 This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference... Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Vernon Neal,	Putnam County	Workers Compensation Panel	06/20/96
Habeas Corpus Proceeding. See Haggard v. State, 475 S.W.2D 186, 187 (Tenn. Crim. 02C01-9702-CC-00055	Lake County	Court of Criminal Appeals	06/20/96
Kathy Shrum v. Insurance Company of The State of Pennsylvania 01S01-9511-CH-00205 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 appeal by Defendant, Insurance Company of the State of Pennsylvania, has resulted from the action of the trial court in authorizing the employee to seek treatment from a physician not designated by the employer. The dispute has arisen after the parties reached a settlement of all issues, and it relates to post- judgment treatment of plaintiff, Kathy Shrum. During February, 1995, an order of compromise and settlement was entered stating the employee was to receive an award of permanent disability benefits based on a 4.17% disability to the body as a whole. The order recited plaintiff was to remain under the care of Dr. Dave A. Alexander, an orthopedic surgeon, who had performed surgery on plaintiff and who was her treating physician for carpal tunnel syndrome injuries. Dr. Alexander had been designated along with two other surgeons by the Defendant as medical care providers pursuant to our statute. After providing for the furnishing of future medical expenses, the order recited The parties specifically recognize that defendant has not accepted as compensable and will not pay medical benefits related to any condition other than plaintiff's alleged bilateral carpal tunnel syndrome in light of the fact that there is medical proof which suggests that plaintiff suffers from a congenital condition known as cervical ribs which might be responsible for some of plaintiff's current symptomatology. On May 19, 1995, plaintiff filed a motion reciting she had not been receiving satisfactory medical attention and requested the court to choose an independent physician to treat her or to allow plaintiff to choose her own treating physician. Defendant filed a response opposing the request and alleged there was no evidence to support her claim as she had not been treated since April 4, 1994. On June 19, 1995, an order was entered by the trial court, stating " . . . Plaintiff is not satisfied with the doctors submitted to treat plaintiff by defendant . . ." -2- Authoring Judge: Per Curiam Originating Judge:Hon. C. K. Smith,	Macon County	Workers Compensation Panel	06/20/96
John Primm v. Ucar Carbon Company, Inc. 01S01-9511-CV-00204 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. Defendant, UCAR Carbon Company, Inc., has appealed from the action of the trial court in awarding plaintiff, John Primm, 65% permanent partial disability benefits to the body as a whole. Defendant contends the trial court was in error (1) in awarding 65% disability to the body as a whole, (2) in denying Defendant a set-off for payments of short-term disability insurance benefits and (3) in commuting the award to one lump sum payment. Plaintiff is 63 years of age and has a 12th grade education. He has followed construction work for many years and had worked for Defendant for 13 years prior to the time in question. During October, 1993, he was injured while using a pry bar to move a heavy metal plate. He said he felt a pinch in his back and shoulder and reported the injury to his employer. He continued to work on and off for different periods of time until his surgical procedures were over. After finally being released by his physician, he told the trial court he could not work at his old job and he elected to retire during March, 1995. The testimony of Dr. Eslick Daniel, an orthopedic surgeon, was presented by deposition. He indicated he first saw plaintiff on November 3, 1993, when he noted plaintiff had degenerative disc disease of his back and early arthritic changes of his shoulder. His first diagnosis was a shoulder and back strain and he said plaintiff did not indicate his problem was work-related. Upon seeing him a second time, his diagnosis was a rotator cuff strain with some tendinitis. He noted that between the two visits the patient had also seen a hospital emergency room doctor. Dr. Daniel had scheduled a CT Scan but plaintiff declined to take the test as he said the doctor had accused him of "faking" the injury. Dr. Daniel did not recall nor deny this conversation. Plaintiff decided to see another doctor designated by Defendant. This physician referred him to Dr. Greg Lanford, a neurosurgeon, who examined plaintiff 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Jim T. Hamilton,	Maury County	Workers Compensation Panel	06/20/96
Christopher v. Sockwell, 01A01-9511-CH-00505 Originating Judge:Jim T. Hamilton	Lawrence County	Court of Appeals	06/19/96
01A01-9602-CH-00063 01A01-9602-CH-00063 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	06/19/96
01A01-9603-CH-00102 01A01-9603-CH-00102 Originating Judge:Robert S. Brandt	Davidson County	Court of Appeals	06/19/96
01A01-9504-CH-00134 01A01-9504-CH-00134 Originating Judge:Vernon Neal	Clay County	Court of Appeals	06/19/96
01A01-9511-CH-00515 01A01-9511-CH-00515 Originating Judge:Vernon Neal	Pickett County	Court of Appeals	06/19/96
01A01-9603-CH-00131 01A01-9603-CH-00131 Originating Judge:Ellen Hobbs Lyle	Davidson County	Court of Appeals	06/19/96
State vs. Roy Smith 02C01-9712-CR-00468	Shelby County	Court of Criminal Appeals	06/17/96
02S01-9410-CC-00069 02S01-9410-CC-00069		Supreme Court	06/17/96
02C01-9410-CC-00248 02C01-9410-CC-00248	McNairy County	Court of Criminal Appeals	06/17/96
02S01-9410-CC-00069 02S01-9410-CC-00069		Supreme Court	06/17/96
02A01-9505-CV-00103 02A01-9505-CV-00103 Originating Judge:Robert L. Childers	Shelby County	Court of Appeals	06/17/96
03C01-9505-CR-00141 03C01-9505-CR-00141	Hamilton County	Court of Criminal Appeals	06/14/96
01A01-9511-CH-00514 01A01-9511-CH-00514 Originating Judge:Leonard W. Martin	Dickson County	Court of Appeals	06/14/96
01A01-9509-CH-00397 01A01-9509-CH-00397 Originating Judge:Irvin H. Kilcrease, Jr.	Davidson County	Court of Appeals	06/14/96
01A01-9509-CH-00421 01A01-9509-CH-00421 Originating Judge:John J. Maddux	Clay County	Court of Appeals	06/14/96
X2010-0000-XX-X00-XX X2010-0000-XX-X00-XX	Campbell County	Court of Appeals	06/13/96