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| Adrian Jones v. Coca-Cola Enterprises, Inc.
02S01-9810-CV-00102
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 plaintiff alleged that "on or about December 13, 1995, [he] was diagnosed with carpal tunnel syndrome, which arose out of and in the course of his employment." The trial court found the plaintiff had failed to give timely notice of this injury or to present an adequate excuse for not doing so, as required by T.C.A. _ 5-6-21, and dismissed his complaint. We affirm the judgment of the trial court. Plaintiff began working for Coca-Cola as a route salesman, driving a Coke truck, in 1992. In July, 1995, he was involved in a non-work-related automobile accident, after which he worked only one week for Coca-Cola. As a result of the auto accident, he received medical treatment from Drs. William Turner, Paul Williams and John P. Howser. EMG nerve conduction testing in December 1995 revealed carpal tunnel syndrome, which Dr. Howser thought was work-related, and he so-informed the plaintiff. Dr. Howser testified that, in his opinion, the work-related bilateral carpal tunnel syndrome pre-existed the July, 1995 automobile accident, and that the auto accident exacerbated it. Surgical correction of bilateral carpal tunnel was accomplished in April and May of 1996 and resulted in Dr. Howser's assessment of "a two percent anatomic disability rating to the body as a whole as a result of his left carpal tunnel and a two percent due to his right carpal tunnel."1 The Plaintiff testified when deposed that he first received treatment for carpal tunnel from Dr. Howser in December, 1995, but that "I had always had a little pain or aggravation in there, and I was just thinking that, you know, it was just, you know, from - - just doing the strain 1But on cross-examination, he responded "Yes" to the question, "Speaking of the 2 percent, you said 2 percent to each extremity for this more recent injury. Is that correct?" 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Karen R. Williams, |
Shelby County | Workers Compensation Panel | 07/14/99 | |
| 03A01-9810-CV-00351
03A01-9810-CV-00351
|
Court of Appeals | 07/14/99 | ||
| Logan vs. Winstead
03A01-9902-CV-00057
|
Hawkins County | Court of Appeals | 07/14/99 | |
| Scroggins vs. Goss
01A01-9811-CV-00580
Originating Judge:Jim T. Hamilton |
Maury County | Court of Appeals | 07/14/99 | |
| Merlo vs. Maxwell
01A01-9811-CV-00610
|
Court of Appeals | 07/14/99 | ||
| Woody vs. Johnson
03A01-9811-CV-00390
|
Court of Appeals | 07/14/99 | ||
| Edgar Young v. Sonoco Products Co.
02S01-9807-CH-00072
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff sustained a 4 percent permanent partial vocational disability to the body as a whole and awarded benefits accordingly. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/14/99 | |
| Alfred Terry Peck vs. State
03C01-9802-CR-00059
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 07/14/99 | |
| Jackson vs. Aldridge
01A01-9809-CH-00488
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 07/14/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Scott County | Court of Appeals | 07/13/99 | |
| Fair vs. Fulton
03A01-9812-CV-00422
|
Court of Appeals | 07/13/99 | ||
| Estate of J.P. Walker vs. Dpt.of Revenue
03A01-9808-PB-00250
|
Sevier County | Court of Appeals | 07/13/99 | |
| Natl. Gas Dist. vs. Sevier Co. Utility
03A01-9902-CH-00077
|
Sevier County | Court of Appeals | 07/13/99 | |
| State vs. Merrian Logan
02C01-9808-CC-00232
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 07/13/99 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Anderson County | Court of Appeals | 07/13/99 | |
| Integon vs. Shon Flanagan
02A01-9812-CH-00382
Originating Judge:Walter L. Evans |
Shelby County | Court of Appeals | 07/13/99 | |
| State vs. Stanley Warren Mills
03C01-9810-cr-00368
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Hamilton County | Court of Criminal Appeals | 07/13/99 | |
| State vs. Roger Morris Gardner
03C01-9712-CR-00524
|
Sullivan County | Court of Criminal Appeals | 07/13/99 | |
| Day vs. GMAC
03A01-9811-CV-00372
|
Court of Appeals | 07/13/99 | ||
| State vs. Russell Overby
02C01-9810-CC-00321
|
Hardin County | Court of Criminal Appeals | 07/13/99 | |
| Derryberry vs. Derryberry
03A01-9801-CV-00023
|
Court of Appeals | 07/13/99 | ||
| Harvey vs. Ford Motor Credit
03A01-9807-CV-00235
|
Court of Appeals | 07/13/99 | ||
| Bullard vs. Scott
03A01-9809-CH-00310
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Hamilton County | Court of Appeals | 07/13/99 | |
| Pertew vs. Pertew
03A01-9711-CH-00505
|
Sullivan County | Court of Appeals | 07/13/99 | |
| Willette Newsom v. Murray, Inc.
02S01-9811-CH-00110
This workers' compensation appeal was referred to the Special Workers' 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 a carpal tunnel syndrome case. Upon hearing the evidence, the trial court found that plaintiff suffered a 6 percent permanent partial disability to her right arm and a 35 percent permanent partial disability to her left arm. Defendant, Murray, Incorporated, appealed the judgment. The sole issue on appeal is whether the trial court's award is excessive. After careful review of the record, we find that the evidence does not preponderate against the trial court's award. Therefore, the judgment of the trial court is affirmed. At the time of trial, plaintiff, Willette Newsom, was a 5 year old mother of three with a Bachelor of Science degree in business education. However, her previous work experience did not involve the use of her degree but consisted of employment as a file clerk, a restaurant employee, in home health services, and as a nurse's assistant at a nursing home. She began working for Murray in 1993 on the assembly line. She was subsequently transferred to the parts and service department for approximately two and one half years before being put back on the assembly line. Her job duties on the assembly line included repetitious use of her hands while tightening screws into motors with a power gun. After a few months back on the assembly line, she experienced a sharp pain in her right hand, which she reported to her employer. She was sent to Dr. Bingham for treatment and eventually to Dr. Lowell F. Stonecipher when she did not improve. Plaintiff first saw Dr. Stonecipher, an orthopedic surgeon, on October 11, 1996, when Dr. Bingham's conservative treatment of plaintiff's moderately severe carpal tunnel syndrome was ineffective in relieving her symptoms. On November 13, 1996, Dr. Stonecipher performed an endoscopic carpal tunnel release on plaintiff's right hand. On November 26, plaintiff was released to light duty with restrictions on lifting more than twenty pounds. Because she was doing well in January, Dr. Stonecipher released plaintiff to regular duty on January 17, 1997, but advised her against the use of power tools. The 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/12/99 |