APPELLATE COURT OPINIONS

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01A01-9508-CH-00381

01A01-9508-CH-00381

Originating Judge:Ellen Hobbs Lyle
Davidson County Court of Appeals 08/28/96
01A01-9603-JV-00090

01A01-9603-JV-00090

Originating Judge:Lee A. England
Lawrence County Court of Appeals 08/28/96
Sandra Whitehead v. Express Services, Inc.

02S01-9511-CH-00118
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, Express Services, contends the trial court's award of permanent partial disability benefits on the basis of eighty percent permanent partial disability to the left arm is excessive. The panel has concluded that the award should be modified to provide permanent partial disability benefits on the basis of fifty percent to the left arm. At the time of the trial, the claimant, Sandra Whitehead, was thirty- five years old and had a GED. She has worked on an assembly line and as a sewing machine operator. She began working for the employer as a temporary employee on June 22, 1994. On July 1, 1994, she accidentally cut her left wrist while opening boxes with a box cutter. She was first referred to Dr. Charles Stewart, who diagnosed a laceration of the left wrist. He sutured the laceration, but later referred her to Dr. Anthony Segal, a neurosurgeon, when she continued to complain. Dr. Segal conducted nerveconduction studies and found mild nerve damage and possible reflex dystrophy. Dr. Segal testified by deposition but assigned no permanent impairment. The claimant went toDr. James Varner, an orthopedic surgeon. Dr. Varner diagnosed a partial sensory nerve laceration of the median nerve and reflex dystrophy syndrome. He treated her condition with medication, physical therapy and a stellate block, and assessed a permanent anatomical impairment of fifteen percent to the left arm. The doctor advised her to avoid repetitive use of the left arm, but said she could perform jobs that did not require such repetitive use. He said she was not impaired from pronating and supinating her wrist. A physical therapist testified that functional capacity evaluation tests were invalid because the claimant refused to exert maximum effort. The claimant testified that her arm stays cold all the time and that she is unable to perform household chores such as twisting caps from jars and opening doors. The trial court awarded permanent partial disability benefits on the basis of eighty percent to the left arm. Appellate review 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. section 5-6- 225(e)(2). 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dewey C. Whitenton
White County Workers Compensation Panel 08/28/96
02A01-9503-CV-00036

02A01-9503-CV-00036

Originating Judge:Julian P. Guinn
Carroll County Court of Appeals 08/28/96
01A01-9603-PB-00092

01A01-9603-PB-00092

Originating Judge:James R. Everett
Davidson County Court of Appeals 08/28/96
02C01-9507-CR-00191

02C01-9507-CR-00191

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 08/28/96
01A01-9601-BC-00049

01A01-9601-BC-00049

Originating Judge:Ben H. Cantrell
Court of Appeals 08/28/96
02C01-9503-CC-00068

02C01-9503-CC-00068
Hardeman County Court of Criminal Appeals 08/28/96
Joe Boatman v. Ww of Memphis, Inc.

02S01-9508-CV-00065
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. _ 50-6-225(e)(5)(B), 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: Senior Judge John K. Byers
Originating Judge:Hon. James E. Swearengen
Shelby County Workers Compensation Panel 08/28/96
03C01-9512-CR-00391

03C01-9512-CR-00391
Hamilton County Court of Criminal Appeals 08/28/96
03C01-9508-CC-00217

03C01-9508-CC-00217

Originating Judge:R. Steven Bebb
Bradley County Court of Criminal Appeals 08/27/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
McMinn County Court of Appeals 08/27/96
02A01-9508-CV-00168

02A01-9508-CV-00168

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 08/27/96
03A01-9603-CV-00082

03A01-9603-CV-00082
Hamilton County Court of Appeals 08/27/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Hamilton County Court of Appeals 08/27/96
02A01-9504-CH-00080

02A01-9504-CH-00080
Shelby County Court of Appeals 08/27/96
02A01-9504-CH-00080

02A01-9504-CH-00080
Shelby County Court of Appeals 08/27/96
02A01-9507-CV-00159

02A01-9507-CV-00159

Originating Judge:George H. Brown
Shelby County Court of Appeals 08/27/96
03C01-9511-CR-00350

03C01-9511-CR-00350

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 08/27/96
02A01-9508-CV-00194

02A01-9508-CV-00194

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Appeals 08/27/96
03A01-9601-CH-00008

03A01-9601-CH-00008
Bradley County Court of Appeals 08/26/96
02A01-9506-CH-00124

02A01-9506-CH-00124

Originating Judge:George R. Ellis
Crockett County Court of Appeals 08/26/96
01S01-9507-CV-103

01S01-9507-CV-103
Supreme Court 08/26/96
01A01-9502-CH-00037

01A01-9502-CH-00037
Supreme Court 08/26/96
03C01-9506-CR-00156

03C01-9506-CR-00156

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 08/26/96