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| Woods v. Modine Appeal
03S01-9807-CH-00086
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. Section 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, Doug Black, appeals a determination that his disability is limited to 35 percent to the leg because of the Americans with Disabilities Act (ADA). The defendant, Liberty Mutual Insurance Company (carrier for Roadway Express), asserts the award is excessive in that plaintiff sustained no vocational disability. Both parties assert there is no legal basis for the trial court to retain jurisdiction to modify the award if a court determines that the ADA does not apply. We agree that the result of a separate proceeding under the ADA has no bearing on the disability of the employee and accordingly modify the award. Doug Black was employed by Roadway Express as an over the road truck driver. On September 22, 1995, he injured his left leg as he was exiting his truck. Dr. Joe Luna, an orthopedic surgeon, treated the injury, found torn cartilage in the knee, and did arthroscopic surgery. After the surgery, Mr. Black continued to have mechanical symptoms and giving-away of the leg. In July 1996, a MRI revealed a possible torn anterior cruciate ligament (ACL). Mr. Black had returned to work and postponed further surgery until November 1996. Dr. William L. Johnson, a partner of Dr. Luna, did a reconstruction of the torn ACL. Mr. Black recovered well from the second surgery, but had a cartilage deficit on the weight- bearing surface of the bone and underwent a third surgery for debridement and drilling of that region of his knee. Dr. Johnson testified, by deposition, that Mr. Black has an 18 percent permanent impairment to his leg as a result of the injury; the only permanent work restriction placed on him was that "he should have a cruise control on his truck, and that was primarily as a safety issue in controlling the foot pedals." Dr. Howard Brown, also an orthopedic surgeon, saw Mr. Black on May 22 and June 23, 1997 for a second opinion. Dr. Brown opined that he has a 1 percent permanent medical Black v Liberty Mutual Page 2
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:The Honorable |
Knox County | Workers Compensation Panel | 09/24/99 | |
| State vs. Michael O. Brown
01C01-9711-CC-00518
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 09/24/99 | |
| Jack v. Delany
03S01-9808-CV-00077
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends (1) the employee failed to give notice of her injury, (2) the claimant's injury did not arise out of the employment relationship and (3) the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded the judgment should be affirmed. The claimant initiated this action on May 23, 1997 to recover workers' compensation benefits for her injuries. By its answer, the employer admitted the claimant had, in December of 1995, "complained of an injury to her right arm," but denied "that she complained of an injury to her left arm." It affirmatively averred that it provided her with a panel of three physicians, from which she chose Dr. Randall Robbins; and that Dr. Robbins treated her, referred her to other specialists, and performed surgery on her in April of 1996. The employer did not raise the issue of lack of written notice in its answer. The case was tried on May 29, 1998, when, according to the judgment, the only issues submitted to the trial court were "the extent of permanent, partial disability to be awarded to the plaintiff's right arm and whether the plaintiff is entitled to a judgment for a permanent, partial disability to the left arm, and whether the defendant should reimburse unto the plaintiff and her attorney a portion of the pretrial expenses incurred in preparing this matter for trial, and whether Roger L. Ridenour should receive his attorneys fees in a lump sum." After a trial, the court awarded, inter alia, permanent partial disability benefits based on eighty-five percent to the right arm and sixty percent to the left arm, which equates to or seventy-two and one-half percent to both arms. We have reviewed the case 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, as required by Tenn. Code Ann. _ 5-6-225(e)(2). The employee or claimant, Ms. Russell, is fifty-two years old with a tenth grade education and experience as a factory assembler, first at Burlington Hosiery, then Robbins Seat Belt Company, then at Oliver Springs Apparel and finally with this employer, Advance Transformer Company. She gradually developed disabling pain in both arms, but has continued to work. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James B. Scott, Jr., |
Knox County | Workers Compensation Panel | 09/24/99 | |
| State vs. Clarence Davis
01C01-9811-CR-00451
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/22/99 | |
| Chris Dykes vs. State
M2005-00948-CCA-R3-PC
The Petitioner, Chris Allen Dykes, appeals the trial court's denial of his motion to reopen his petition for post-conviction relief. The trial court found the petition to be untimely filed. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Robert G. Crigler |
Marshall County | Court of Criminal Appeals | 09/22/99 | |
| State vs. Jamie Shannon Prater
01C01-9808-CC-00349
|
Rutherford County | Court of Criminal Appeals | 09/22/99 | |
| State vs. Miles Mateyko
01C01-9806-CC-00268
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 09/22/99 | |
| Oaks vs. Oaks
01A01-9901-CH-00046
Originating Judge:Patricia J. Cottrell |
Williamson County | Court of Appeals | 09/22/99 | |
| State vs. Glynnon Bradshaw
01C01-9810-CR-00439
|
Wilson County | Court of Criminal Appeals | 09/22/99 | |
| 01A01-9910-CH-00039
01A01-9910-CH-00039
Originating Judge:Patricia J. Cottrell |
Davidson County | Court of Appeals | 09/22/99 | |
| Sandusky vs. Sandusky
01A01-9808-CH-00416
Originating Judge:Patricia J. Cottrell |
Wayne County | Court of Appeals | 09/22/99 | |
| State vs. Earl Junior Pike
01C01-9804-CR-00168
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/22/99 | |
| Stewart vs. State
01A01-9810-BC-00557
Originating Judge:William B. Cain |
Court of Appeals | 09/21/99 | ||
| Buddy Lee Attractions, Inc. vs. William Morris Agency
01A01-9804-CH-00185
|
Court of Appeals | 09/21/99 | ||
| Lurie vs. Manning
01A01-9807-CV-00376
Originating Judge:Patricia J. Cottrell |
Sumner County | Court of Appeals | 09/21/99 | |
| Letellier vs. Letellier
01A01-9903-JV-00157
Originating Judge:Betty Adams Green |
Davidson County | Court of Appeals | 09/21/99 | |
| Anthony Bryan Jennette, v. Teresa Lynn Jennette
01A01-9810-CH-00549
In this divorce case the husband appeals the trial court’s division of marital property and the order of child support. We affirm the trial court’s order.
Authoring Judge: Presiding Judge Ben H. Cantrell
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Appeals | 09/21/99 | |
| Buddy Lee Attractions, Inc. vs. William Morris Agency
01A01-9804-CH-00185
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/21/99 | |
| Northland Insurance Co. vs. State
01A01-9811-BC-00616
Originating Judge:William B. Cain |
Davidson County | Court of Appeals | 09/21/99 | |
| Sonny Luther Johnson v. Transportation Unlimited, Inc.
01S01-9804-CH-00079
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant or employer, Transportation Unlimited, insists the trial court erred in
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Jim T. Hamilton |
Johnson County | Workers Compensation Panel | 09/20/99 | |
| State vs. Charles Reed
01C01-9801-CC-00012
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 09/20/99 | |
| State vs. William D. Davis, Jr.
01C01-9811-CC-00474
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/20/99 | |
| Dana Story v. Legion Insurnace Company
02S01-9807-CH-00075
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 09/20/99 | |
| 02C01-9811-CC-00344
02C01-9811-CC-00344
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 09/20/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:W. Lee Asbury |
Campbell County | Court of Criminal Appeals | 09/20/99 |