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| Larry v. Roberts, Kingsport, For Appellant Cumis Insurance
03A01-9509-CV-00308
|
Sullivan County | Court of Appeals | 03/19/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/19/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/19/96 | ||
| 02A01-9503-CV-00043
02A01-9503-CV-00043
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 03/18/96 | |
| 03C01-9409-CR-00338
03C01-9409-CR-00338
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 03/18/96 | |
| 03A01-9512-CH-00430
03A01-9512-CH-00430
|
Court of Appeals | 03/18/96 | ||
| 03A01-9510-CV-00368
03A01-9510-CV-00368
|
Court of Appeals | 03/18/96 | ||
| 03A01-9505-CV-00277
03A01-9505-CV-00277
Originating Judge:Robert M. Summitt |
Hamilton County | Court of Appeals | 03/15/96 | |
| 03A01-9508-CH-00263
03A01-9508-CH-00263
Originating Judge:Chester S. Rainwater |
Blount County | Court of Appeals | 03/15/96 | |
| 01A01-9508-CH-00343
01A01-9508-CH-00343
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 03/15/96 | |
| 01A01-9507-CV-00298
01A01-9507-CV-00298
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 03/15/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Greene County | Court of Appeals | 03/15/96 | |
| Richard Harris v. Triangle Auto Springs Company
01S01-9510-CV-00176
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, Triangle Auto Springs Company, contends (1) the award of permanent partial disability benefits is excessive and (2) the trial court abused its discretion by commuting such award to a lump sum. The panel concludes that the judgment should be modified as provided herein. On October 4, 1991, the employee or claimant, Richard H. Harris, felt a sharp pain in his back while lifting an automobile spring at work for the employer. The employer referred him to the Mid-Tennessee Bone and Joint Clinic where his injury was diagnosed as a probable ruptured disk. Medication was prescribed and he returned to work. When he did not improve from conservative care, a CAT scan was ordered, which confirmed a ruptured disk in the low back, with L5 radiculopathy from a pinched nerve. Ultimately, the claimant was referred to Dr. Robert Weiss, who performed a lumbar laminectomy. The surgery was successful and the claimant was finally released from the surgeon's care with a weight lifting limitation of fifty pounds occasionally and thirty pounds repetitively. Dr. Weiss estimated his permanent anatomical impairment at ten percent from guidelines of the American Medical Association. The claimant returned to work for Triangle in January of 1993, but in a lighter position, where he could work within his limitations. When he was laid off from that position and no other was found within his limitations, he attempted to rehabilitate himself by returning to college and studying toward an Associate of Science degree. The employer paid half of his expenses. At the time of the trial, he was working as a technician in the Physical Therapy Department at Maury Regional Hospital. He is studying to become a physical therapist. The claimant and his wife own their home and are current on their debts, a home mortgage and a debt secured by their 1993 Jeep Cherokee. They have been married for sixteen years and have a young daughter. The trial judge found, among other things, that the claimant had a permanent partial disability of sixty percent to the body as a whole and awarded benefits accordingly, which he commuted to a lump sum. 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). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Jim T. Hamilton |
Maury County | Workers Compensation Panel | 03/14/96 | |
| 01C01-9506-CC-00210
01C01-9506-CC-00210
Originating Judge:James L. Weatherford |
Lawrence County | Court of Criminal Appeals | 03/14/96 | |
| 01C01-9506-CC-00199
01C01-9506-CC-00199
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Criminal Appeals | 03/14/96 | |
| 02A01-9502-CV-00019
02A01-9502-CV-00019
Originating Judge:Janice M. Holder |
Shelby County | Court of Appeals | 03/14/96 | |
| Richard Harris v. Triangle Auto Springs Company
01S01-9510-CV-00176
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, Triangle Auto Springs Company, contends (1) the award of permanent partial disability benefits is excessive and (2) the trial court abused its discretion by commuting such award to a lump sum. The panel concludes that the judgment should be modified as provided herein. On October 4, 1991, the employee or claimant, Richard H. Harris, felt a sharp pain in his back while lifting an automobile spring at work for the employer. The employer referred him to the Mid-Tennessee Bone and Joint Clinic where his injury was diagnosed as a probable ruptured disk. Medication was prescribed and he returned to work. When he did not improve from conservative care, a CAT scan was ordered, which confirmed a ruptured disk in the low back, with L5 radiculopathy from a pinched nerve. Ultimately, the claimant was referred to Dr. Robert Weiss, who performed a lumbar laminectomy. The surgery was successful and the claimant was finally released from the surgeon's care with a weight lifting limitation of fifty pounds occasionally and thirty pounds repetitively. Dr. Weiss estimated his permanent anatomical impairment at ten percent from guidelines of the American Medical Association. The claimant returned to work for Triangle in January of 1993, but in a lighter position, where he could work within his limitations. When he was laid off from that position and no other was found within his limitations, he attempted to rehabilitate himself by returning to college and studying toward an Associate of Science degree. The employer paid half of his expenses. At the time of the trial, he was working as a technician in the Physical Therapy Department at Maury Regional Hospital. He is studying to become a physical therapist. The claimant and his wife own their home and are current on their debts, a home mortgage and a debt secured by their 1993 Jeep Cherokee. They have been married for sixteen years and have a young daughter. The trial judge found, among other things, that the claimant had a permanent partial disability of sixty percent to the body as a whole and awarded benefits accordingly, which he commuted to a lump sum. 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). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Jim T. Hamilton, |
Maury County | Workers Compensation Panel | 03/14/96 | |
| 01C01-9506-CR-00163
01C01-9506-CR-00163
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 03/14/96 | |
| 02C01-9505-CC-00149
02C01-9505-CC-00149
|
Dyer County | Court of Criminal Appeals | 03/13/96 | |
| 02C01-9310-CC-00233
02C01-9310-CC-00233
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 03/13/96 | |
| 02C01-9507-CR-00187
02C01-9507-CR-00187
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 03/13/96 | |
| 01A01-9509-CH-00419
01A01-9509-CH-00419
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 03/13/96 | |
| 03C01-9509-CC-00258
03C01-9509-CC-00258
|
Sullivan County | Court of Criminal Appeals | 03/13/96 | |
| The Victim'S Age. W E Relied on State v. Adams, 864 S.W .2D 31 (Tenn. 1993).
02C01-9506-CC-00178
|
Hardeman County | Court of Criminal Appeals | 03/13/96 | |
| 02C01-9506-CC-00163
02C01-9506-CC-00163
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Criminal Appeals | 03/13/96 |