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| William Jerry Johnson v. Cna Insurance Company
02S01-9807-CH-00066
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is an appeal by CNA Insurance Company, the workers' compensation insurance carrier forTJ & L Construction Company, from a judgment of the Chancery Court of Chester County finding that plaintiff was entitled to workers' compensation benefits on the basis of total and permanent disability to the body as a whole. It was stipulated that the plaintiff, William Jerry Johnson, was injured on February 14, 1994, during the course of his employment for TJ & L Construction Company. While lifting tires, he injured his back. In the only issue presented, the insurance carrier states that the evidence preponderates against the trial court's finding of total and permanent disability, since jobs are available to the employee within his vocational skill level and physical limitations. The plaintiff and his wife testified in open court. The plaintiff stated he was born June 1, 1945, and had an eighth grade education, having quit school before completing the ninth grade. The plaintiff testified that he obtained a G.E.D. in 1995 or 1996.1 Except for four years service in the Navy as a cook, the plaintiff had several jobs, all of which involved the operation of heavy equipment and manual labor. The plaintiff testified that since the accident, he has had severe back pain and is never completely free of pain in his lower back and right hip. He testified that he obtained nerve blocks from his doctor, which made the pain bearable for about two months. The plaintiff testified that he has pain when he bends, does much lifting, or sits for more than thirty to forty minutes. When driving an automobile, he has to stop and walk around because of the pain. He cannot stand in one place for very long or walk very far without stopping and resting. He testified that he cannot bend, run, or jump without pain. He stated that he can no longer bowl, dance, ride horses, or have sex with his wife. He cannot 1Educational functional testing done by Dr. William M. Jenkins on February 13, 1996, revealed that the plaintiff functioned at a tenth grade level in reading, fourth grade level in spelling, and seventh grade level in arithmetic. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, Judge |
Johnson County | Workers Compensation Panel | 07/19/99 | |
| State vs. Donnie Dean Rolin
01C01-9804-CR-00160
|
Davidson County | Court of Criminal Appeals | 07/19/99 | |
| State vs. Timothy Acklin
01C01-9801-CC-00026
|
Montgomery County | Court of Criminal Appeals | 07/19/99 | |
| McIlvain vs. Russell Stover Candies
01S01-9709-CH-00208
|
Supreme Court | 07/19/99 | ||
| Geiger vs. Boyle
01A01-9809-CH-00467
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 07/16/99 | |
| Wellington vs. Ledford
01A01-9807-CH-00363
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/16/99 | |
| Harper vs. Elliott
01A01-9809-CV-00503
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 07/16/99 | |
| Daniel et al vs. Fletcher Ridge, Inc.
01A01-9811-CH-00599
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 07/16/99 | |
| State vs. Laundra Hulbert
02C01-9808-CC-00255
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 07/16/99 | |
| Lawson vs. Nashville City Center
01A01-9804-CV-00189
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 07/16/99 | |
| Ralph Dean Purkey vs. State
03C01-9808-CC-00268
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 07/16/99 | |
| State vs. Lester Williams
02C01-9804-CR-00106
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 07/16/99 | |
| In the Matter of Kelly Gooch, et al
01A01-9809-JV-00460
Originating Judge:Andrew J. Shookhoff |
Court of Appeals | 07/16/99 | ||
| HJL, LP vs. Nashville & Eastern Railroad Corp
01A01-9811-CH-00589
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/16/99 | |
| State vs. Kenneth Brown
02C01-9805-CR-00130
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/16/99 | |
| State vs. Antonio Chaney
02C01-9807-CR-00223
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Shelby County | Court of Criminal Appeals | 07/16/99 | |
| Dixon vs. Lawrenceburg Beer Board
01A01-9809-CH-00484
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 07/16/99 | |
| Ward vs. Campbell
01A01-9807-CH-00350
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/16/99 | |
| State vs. Corey Lamont Radley
01C01-9803-CR-00113
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 07/15/99 | |
| 03A01-9807-CH-00231
03A01-9807-CH-00231
|
McMinn County | Court of Appeals | 07/15/99 | |
| State vs. Johnny Cruse
02C01-9810-CC-00319
Originating Judge:C. Creed Mcginley |
Decatur County | Court of Criminal Appeals | 07/15/99 | |
| State vs. Tarran Kyles
02C01-9807-CC-00203
Originating Judge:Whit A. Lafon |
Madison County | Court of Criminal Appeals | 07/15/99 | |
| State vs. Scotty Walker
01C01-9805-CR-00203
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 07/15/99 | |
| State vs. Leslie Brian Willis
01C01-9802-CC-00068
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 07/15/99 | |
| State vs. Leslie Brian Willis
01C01-9802-CC-00068
Originating Judge:James Curwood Witt |
Robertson County | Court of Criminal Appeals | 07/15/99 |