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| Britt vs. State
03C01-9708-CC-00349
Originating Judge:Buddy D. Perry |
Bledsoe County | Court of Criminal Appeals | 05/18/98 | |
| Bettye/Louis Schopfer vs. Kroger
02A01-9707-CV-00138
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 05/18/98 | |
| State vs. Bolden
03C01-9706-CR-00230
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 05/18/98 | |
| William Hobson vs. State
01C01-9710-CR-00497
Originating Judge:David H. Welles |
Davidson County | Court of Criminal Appeals | 05/18/98 | |
| Robert Bellafant vs. State
01C01-9705-CC-00183
|
Maury County | Court of Criminal Appeals | 05/15/98 | |
| Edwin B. Raskin Co. vs. Johnson
01A01-9708-CH-00392
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 05/15/98 | |
| Don/Phil Gordon vs. Georgetown Univ
02A01-9709-CH-00218
Originating Judge:William Michael Maloan |
Weakley County | Court of Appeals | 05/15/98 | |
| State vs. Ted Brannan
01C01-9704-CC-00148
|
Franklin County | Court of Criminal Appeals | 05/15/98 | |
| State vs. Eric Henderson/James Hill
02C01-9708-CR-00302
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/15/98 | |
| Special Judge Hamilton v. Gayden, Jr.
02S01-9707-CV-00069
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 trial judge found the plaintiff had suffered a 5 percent impairment to each of her arms as a result of carpal tunnel syndrome which arose out of her employment with United Postal Service ("UPS"). We find the evidence in this case preponderates against an award of 5 percent to each arm and find the evidence preponderates in favor of an award of 25 percent to each arm. At the time of the trial of this case, the plaintiff was 45 years of age. She has a twelfth grade education and had worked for UPS for 18 years as a truck driver. The plaintiff's work history included operating an antique store and working as a sales clerk, a loan officer for a bank, and an executive secretary. The only issue before us is whether the trial court's award of 5 percent to each arm is supported by the evidence. The evidence concerning the extent of the plaintiff's disability is supplied by the plaintiff's testimony; by the medical report and records of Dr. Lowell Stonecipher, an orthopedic surgeon and the treating physician who was furnished by the defendant; by the report of Dr. Robert J. Barnett, an orthopedic surgeon, who evaluated the plaintiff at her request; and by the report of Dr. Ronald C. Bingham, who conducted nerve conduction tests on the plaintiff at the request of Dr. Stonecipher -- these tests showed mild residual median neuropathy. The plaintiff began to experience difficulty with her arms and hands in June 1996. Dr. Stonecipher diagnosed the condition as carpal tunnel syndrome and did surgery to relieve the condition in her left arm on February 21, 1996. On April 2, 1996, Dr. Stonecipher did surgery on the plaintiff's right arm. The plaintiff returned to work in June 1996 doing the same work she had done prior to having surgery. The plaintiff testified the work caused her hands and 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. C. Creed Mcginley, |
Henry County | Workers Compensation Panel | 05/15/98 | |
| State vs. James Messick
01C01-9702-CC-00065
|
Coffee County | Court of Criminal Appeals | 05/15/98 | |
| Randall Fleming vs. Jacqueline Yi
02A01-9706-CV-00129
Originating Judge:Whit A. Lafon |
Madison County | Court of Appeals | 05/15/98 | |
| State vs. Jarrod Adreon
01C01-9609-CC-00391
|
Williamson County | Court of Criminal Appeals | 05/14/98 | |
| In re: Brittany Swanson, a minor
02A01-9709-CV-00233
Originating Judge:Joseph H. Walker, III |
Tipton County | Court of Appeals | 05/14/98 | |
| State vs. Elwin South
02C01-9710-CR-00386
|
Shelby County | Court of Criminal Appeals | 05/14/98 | |
| State vs. Jamil Butler
01C01-9612-CR-00529
|
Davidson County | Court of Criminal Appeals | 05/14/98 | |
| State vs. Rickey Hailey
02C01-9705-CR-00198
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 05/14/98 | |
| Jonus Cole vs. State
01C01-9509-CC-00294
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 05/14/98 | |
| Mary Fuller vs. Eligo Fuller
02A01-9708-CH-00175
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 05/13/98 | |
| State vs. Quincy Henderson
02C01-9706-CR-00227
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 05/12/98 | |
| State vs. Glenn Ray
02C01-9709-CR-00369
|
Shelby County | Court of Criminal Appeals | 05/12/98 | |
| Tanaka vs. Meares
03A01-9710-CV-00463
Originating Judge:Dick Jerman, Jr. |
Blount County | Court of Appeals | 05/12/98 | |
| J.C. Penney, Inc. v. Debra Sue Crawford
01S01-9707-CH-00167
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 employee filed this complaint for a determination of the benefits available to the defendant on account of asserted compensable injuries to her arms/hands, i.e., carpal tunnel syndrome. The Chancellor awarded benefits for a three percent permanent partial disability to each arm. The employee appeals, and presents two issues for review, which we restate as whether the award was inadequate, and whether the employee should have been allowed to state an opinion concerning her ability to perform certain jobs. 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 finding, 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). Ms. Crawford is 37 years old. She is a high school graduate, five feet three inches tall and weighs 295 pounds, according to the IME, Dr. David Gaw. She began working as a customer service representative in the telemarketing division of J.C. Penney Company in 199, where she remains employed. In January 1995 she reported symptoms of hand pain to her employer who referred her to Dr. James Lanter, orthopedic specialist. Dr. Lanter first saw her on February 22, 1995 and diagnosed her condition as tendinitis with possible carpal tunnel syndrome. He recommended a reduction in her working hours to 32 per week, and continued to see her through February 21, 1996. During this time Dr. Lanter's treatment was extensive; he obtained two EMG's and nerve conduction studies which indicated mild bilateral carpal tunnel syndrome, not progressive. He continued treating her for more than a 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Chancellor |
Davidson County | Workers Compensation Panel | 05/11/98 | |
| Seffernick vs. St. Thomas Hospital, et. al.
01S01-9706-CV-00122
Originating Judge:Thomas W. Brothers |
Supreme Court | 05/11/98 | ||
| James Biggs v. Jones Stone Company, Inc.
01S01-9711-CH-00239
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 employee was awarded benefits for a 3 percent permanent partial disability to his whole body. He appeals, claiming that his anatomical impairment is ten percent, which should be extrapolated to total and permanent disability. The thrust of his argument is directed to the weight to be given to the expert testimony. The employer admitted that the employee suffered a compensable back injury on September 8, 1995. The issues at trial were limited to the extent of physical impairment and residual vocational disability. The Chancellor found the plaintiff had a five percent impairment. He applied a multiplier of six, T.C.A. _ 5-6-241, resulting in a finding of 3 percent permanent partial disability to his whole body. The treating physician was Dr. Stanley G. Hopp, an orthopedic specialist, who testified that the plaintiff's radicular pain was emanating from the right L-5 nerve root. He performed surgery on February 23, 1996 and removed the offending spurs. Recovery was hampered because of diabetes, but with the passage of time the plaintiff was able to work, with lifting restrictions. Dr. David Gaw, orthopedic specialist, examined the plaintiff for purposes of evaluation. He testified that in his view the plaintiff had a ten percent impairment based on DRE Category III of the Guidelines, which he interpreted as requiring this rating because "anybody that has a radiculopathy that's proven by tests and has surgery, that throws them into Category III." He conceded that he found no symptoms of nerve damage, that the plaintiff was in no distress or pain, that he was taking no medications, had no back spasm, no atrophy or weakness in his legs and had good movement. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Irvin H. Kilcrease, |
Davidson County | Workers Compensation Panel | 05/11/98 |