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| Fannie B. Carter v. National Health Care Center, et al.
01S01-9704-CH-00093
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 of fact and conclusions of law. In this two-sided appeal, the plaintiff contends that the trial court erred in denying the recovery of incurred medical expenses; the defendant contends the trial court erred in granting the plaintiff temporary total benefits and permanent partial disability benefits. The focus of this dispute is plaintiff's employment application wherein, the defendant contends it was not correctly filled out by the plaintiff, and was materially misleading, and therefore the plaintiff is estopped from claiming benefits. In accordance with T.C.A. _ 56-225(e), the standard of review in this case is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings. It is the plaintiff's burden to show by the preponderance of the evidence that the evidence is otherwise in relation to the trial court's denial of medical benefits; likewise, it is the burden of the defendant to show that the court erred in granting the Plaintiff both temporary total benefits and permanent partial benefits. The panel concludes that the trial court's judgment approving temporary total benefits and permanent partial benefits was correct and should be affirmed. The panel, however, reverses the trial court in the denial of the medical benefits of two of plaintiff's treating physicians. Plaintiff, age 62 at the time of the trial and a divorced mother of six children has an eighth grade education and vocational training as a nurse's aide. Her first employment was domestic work in the homes of the other people and later in commercial pressing. Subsequently, the plaintiff worked for Genesco where she built and inspected shoes. During her employment with Genesco, plaintiff injured her neck and left her employment there. As a result of this injury at Genesco, plaintiff underwent surgery by Dr. Arthur Cushman for a ruptured disc. At the trial plaintiff testified that Genesco had told her she did not qualify for workman's compensation benefits. Later, however, plaintiff acknowledged that she hired an attorney and brought suit against Genesco for workman's compensation benefits. She was successful in obtaining benefits. 2
Authoring Judge: Hamilton
Originating Judge:Hon. F. Lee Russell |
Carter County | Workers Compensation Panel | 04/01/98 | |
| State vs. Elizabeth Ortiz
01C01-9607-CC-00284
|
Montgomery County | Court of Criminal Appeals | 03/31/98 | |
| Kenneth Cheatham vs . State
01C01-9703-CC-00109
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Richard McKee
01C01-9606-CC-00278
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Dennis England
01C01-9702-CR-00064
|
Court of Criminal Appeals | 03/31/98 | ||
| Hubert. Scott v. Kimberly-Clark Corporation
02S01-9709-CH-00077
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. In this case, the trial court found that the plaintiff suffered an injury to his back during the course and scope of his employment with the defendant. The trial court awarded the plaintiff 25 percent permanent partial disability to the body as a whole for the injury to the lumbar spine. The trial court also determined that the plaintiff's claim for the alleged hernia injury was not compensable under Tenn. Code Ann. _ 5-6-212(a). The defendant appeals and says that the trial court erred in determining that the plaintiff sustained 25 percent permanent partial disability to the body as a whole. The plaintiff appeals and says that the trial court erred in determining that the hernia injury was not compensable. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Floyd Peete, Jr., |
Scott County | Workers Compensation Panel | 03/31/98 | |
| Peck vs. State
03C01-9611-CR-00402
|
Sullivan County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Christopher Cavnor
02C01-9704-CR-00155
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
| Vernon Newsom vs. State
01C01-9706-CR-00214
|
Davidson County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Thomas Matthews
02C01-9704-CR-00158
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
| State vs. Fain
03C01-9403-CR-00124
Originating Judge:Arden L. Hill |
Sullivan County | Court of Criminal Appeals | 03/31/98 | |
| Robert Jones v. Vick Idles
E2001-02833-SC-S09-CV
We granted this appeal to determine whether the chancellor correctly granted a new trial after finding that the jury's allocation of ninety percent of the fault to the plaintiffs and ten percent of the fault to the defendant was against the weight of the evidence and that the evidence supported "a defense verdict for both sides." A majority of the Court of Appeals concluded that the chancellor correctly granted a new trial on both the plaintiffs' claim and the defendant's counterclaim and affirmed the judgment of the trial court. After reviewing the record and applicable authority, we agree with the Court of Appeals and hold that the chancellor properly granted a new trial after finding that the jury's allocation of fault was against the weight of the evidence in his role as the thirteenth juror. Accordingly, we affirm the judgment.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:William E. Lantrip |
Anderson County | Supreme Court | 03/31/98 | |
| State vs. Derrick McClure
02C01-9705-CR-00192
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 03/31/98 | |
| Coleman Enterprises, Inc. vs. Huddleston
01S01-9706-CH-00143
|
Supreme Court | 03/30/98 | ||
| 02C01-9708-CR-00328
02C01-9708-CR-00328
Originating Judge:Julian P. Guinn |
Decatur County | Court of Criminal Appeals | 03/30/98 | |
| Danny Mitchell v. Aetna Life & Casualty Ins. Co., et al
02S01-9706-CV-00053
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 03/30/98 | |
| State vs. Charles Loveless
02C01-9706-CC-00219
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 03/30/98 | |
| Evans vs. Steelman
01S01-9701-JV-00019
Originating Judge:Shookhoff |
Davidson County | Supreme Court | 03/30/98 | |
| Walter Austein v. Riverwood Int. USA, Inc.
02S01-9704-CH-00037
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The sole issue on appeal is whether the one-year statute of limitations under T.C.A. _50-6-203 ran prior to the filing of the lawsuit. This marks the second appearance of this case before this panel. In Austein v. Riverwood International USA, Inc., No. 02S01-9507-CH-00059 (Tenn. Work. Comp. App., February 23, 1996), this panel found that the trial court erred in granting summary judgment on the statute of limitations issue because issues of material fact existed concerning both the date the statute of limitations began to run and the estoppel issue. The case was remanded to the trial court for trial on the merits. Plaintiff again appeals the trial court's finding that the statute of limitations ran before he filed this action.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. D. J. Alissandratos |
Shelby County | Workers Compensation Panel | 03/30/98 | |
| State vs. Jimmy High
02C01-9702-CR-00069
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 03/30/98 | |
| George Randall Bailey v. U.S.F.&G. & Institutional Distributors
02S01-9704-CV-00025
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 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 to be 15 percent permanently partially disabled on account of "emotional or behavioral symptoms." The plaintiff appeals, insisting that the preponderance of the evidence requires a greater award. We disagree, and accordingly affirm the judgment. On March 4, 1996, the plaintiff was injured when struck on the head by falling cartons of pizza dough. A CAT scan revealed no cranial pathology, but owing to his continuing complaints, the plaintiff was extensively treated and examined by Dr. R. A. Tyrer, Dr. Robert Greene, Jr., and Dr. Glenn Barnett, II, neurosurgeons; Dr. Robert Pusakulich, a clinical psychologist; and other experts. The neurologists administered various tests, including an MRI of the brain, MRI of the lumbar spine, MRI of the cervical spine, and an MRI of the head. A host of x-rays, a bone scan and a spinal tap completed the diagnostic testing. These experts found no disability. Dr. Pusakulich believed that the plaintiff was suffering from a "great deal of financial overlay;" so did Dr. Barnett. Dr. Pusakulich also believed the plaintiff demonstrated a remarkable psychogenic overlay, as evidenced by his complaint of double vision that "he saw double with both eyes open and one eye closed," a neuroanatomical impossibility. The plaintiff was referred to Dr. Tewfik E. Rizk, of the St. Joseph Hospital Rehabilitation Center, by his attorney. On his initial examination, Dr. Rizk testified that the plaintiff had a slow, slurred speech, memory loss, and was limping on the left side. His diagnosis was post-traumatic closed-head injury syndrome with left-side hemiparesis. He disagreed with the conclusions 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. William B. Acree, Jr. |
Weakley County | Workers Compensation Panel | 03/30/98 | |
| 03S01-9704-PB-00042
03S01-9704-PB-00042
|
Supreme Court | 03/30/98 | ||
| Hazel Coln and Carl Coln vs. City of Savannah, TN
02S01-9702-CV-00008
Originating Judge:Julian P. Guinn |
Supreme Court | 03/30/98 | ||
| State vs. Alvin Walker
02C01-9705-CR-00189
|
Shelby County | Court of Criminal Appeals | 03/30/98 | |
| Pamela D. Smith v. Health Tech Affiliates, Inc.
02S01-9611-CV-00099
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 filed suit on February 1, 1995 and alleged she had sustained an injury to her foot when a portion of a wall fell upon her as she was working for the defendant. On December 13, 1995, the plaintiff amended her complaint to allege she had suffered psychological injury as a result of the accident. On August 13, 1996, the trial judge entered a judgment dismissing the complaint. The pertinent portion of the judgment is as follows: After duly considering the testimony and the evidence and considering the credibility of the persons who testified, the court finds that the plaintiff failed to carry her burden of proof; that the alleged psychiatric or psychological injuries were not caused by the plaintiff's work accident; that the plaintiff is not entitled to any workers' compensation benefits for her alleged psychiatric or psychological injuries; that with regard to the injury to her foot or toe caused by the accident, the defendant paid all the plaintiff's medical expenses to which the plaintiff was entitled; that the plaintiff lost time from work from January 13, 1995 to March 13, 1995 as the result of the injury to her foot and she was paid temporary total disability benefits at the rate of $198.4 per week for this period of time; that the plaintiff was paid all the temporary total disability benefits to which she was entitled; and that the plaintiff is not entitled to any additional temporary total disability or other workers' compensation benefits as the result of the accident on January 12, 1995. The determination of the credibility of the witnesses who testified before the trial judge was solely within the judge's discretion. The finding of the credibility of the witnesses is not reweighed on appeal. State, ex rel. Balsinger v. Town of Madisonville, 435 S.W.2d 83 (Tenn. 1968). We note, however, that there were many inconsistencies in the record, both in oral testimony, in deposition testimony, and in other documents filed, showing the plaintiff had made different statements at different times concerning the accident. For example, she stated at one time a wall fell upon her and a patient leaving them covered in debris. At another time, she said a portion of the wall fell upon her. The evidence shows a piece of wood which was approximately 2 feet long and 6 inches wide fell and struck her toe. During the time the plaintiff was drawing temporary total disability, she took a job with another company. The plaintiff's deposition was taken on September 7, 1995, and she testified then that she had not worked anywhere since her accident. At trial, the plaintiff admitted working while she drew disability. The plaintiff testified she knew she could not work but that she needed the money. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Kay S. Robilio, |
Smith County | Workers Compensation Panel | 03/30/98 |