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| James Peeler v. Methodis Medical Center
03S01-9704-CH-00045
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant contends the trial court erred (1) in finding a causal relationship between the claimant's employment and his injury and (2) in finding the claimant will retain permanent partial disabilities of forty-five percent to the right arm and thirty percent to the left arm. As discussed below, the panel has concluded the judgment should be affirmed. The claimant or employee is thirty years old with a GED. He is a certified nursing assistant and had, at the time of his injury, worked for the employer, Methodist Medical Center, since 1991 as an attendant. His duties included turning, bathing, weighing and walking patients and pushing stretchers and wheel chairs of patients. He gradually developed carpal tunnel syndrome. Dr. Eugenio Vargas treated the claimant and ultimately performed bilateral carpal tunnel surgery. He testified the injuries were causally related to the claimant's job and that he would retain a ten percent permanent impairment to both arms. Dr. Clifford Posman viewed the claimant's medical records, including the reports of Dr. Vargas, and opined that the claimant's injuries were not work-related. Rodney Caldwell, a vocational consultant, opined the claimant was forty-seven percent vocationally disabled. The trial court found the injuries to be compensable and fixed the claimant's permanent partial disability at thirty-seven and one-half percent to both arms.1 Appellate review is 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. Tenn. Code Ann. section 5-6- 225(e)(2). From a careful consideration of the medical and lay proof in this case, the panel is unable to say the evidence preponderates against the trial judge's finding that the injuries are work-related. The first issue is resolved in favor the employee. 1 More precisely, the trial judge awarded benefits on the basis of 45% to the right arm and 3% to the left arm, which equates to 37 1/2% to both arms, a scheduled injury. 2/24/98
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Frank V. Williams, III, |
Knox County | Workers Compensation Panel | 02/24/98 | |
| State vs. McConnell
03C01-9604-CC-00148
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Hamblen County | Court of Criminal Appeals | 02/24/98 | |
| State vs. Winn
03C01-9702-CR-00081
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 02/24/98 | |
| Johnny Moffitt vs. Carthel Smith
02A01-9705-CV-00095
Originating Judge:John Franklin Murchison |
Henderson County | Court of Appeals | 02/23/98 | |
| Rudy Holmes vs. Sheriff Jack Owens, et al
02A01-9706-CV-00115
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 02/23/98 | |
| Ray Thompson vs. State
02A01-9705-BC-00102
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Court of Appeals | 02/23/98 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Davidson County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Daniel Bailey
02C01-9612-CR-00456
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Irwin
03S01-9702-CC-00021
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Blount County | Supreme Court | 02/23/98 | |
| State vs. Grapel Simpson
02S01-9702-CC-00010
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McNairy County | Supreme Court | 02/23/98 | |
| Shelby County Deputy from the Shelby County Sheriff's Association, et al., v. Shelby County, Tennessee et al.
02A01-9706-CH-00126
This appeal involves a declaratory judgment suit in chancery court related to a previous proceeding in criminal court pursuant to the provisions of the “anti-fee statutes,” T.C.A. § 8-20- 101 et seq.. The plaintiffs are Shelby County Deputy Sheriff’s Association, Sergeant Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald Ray, and Sergeant Mark Rochevot. The defendants are Shelby County, Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A. C. Gilless, Jr. The complaint alleges in substance as follows:
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor D. J. Alissandratos |
Shelby County | Court of Appeals | 02/23/98 | |
| State vs. Timothy Dean Martin
01C01-9609-CC-00393
Originating Judge:W. Charles Lee |
Lincoln County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Anthony Merlo
01C01-9611-CC-00471
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 02/23/98 | |
| Geneva Grahl vs. Lillie Davis, Et al
03S01-9701-CV-00011
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Supreme Court | 02/23/98 | ||
| State vs. Hoxie
03S01-9706-CR-00061
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Knox County | Supreme Court | 02/23/98 | |
| Lutcher Eidson vs. State
01C01-9607-CR-00295
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/23/98 | |
| State vs. Landy Kash
01C01-9705-CR-00179
Originating Judge:J. O. Bond |
Smith County | Court of Criminal Appeals | 02/23/98 | |
| State of Tennessee v. Fred Arthur Stier
W1999-600-CCA-R3-CD
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 02/20/98 | |
| Curtis Landry, Jr., D/B/A Landry and Associates, v. John Daniel Rudd
01A01-9707-CV-00303
The defendant, John Daniel Rudd, has appealed from a judgment of the Trial Court allowing the enrollment of two foreign judgments, both in favor of the plaintiff, John Landry and against the defendant.
Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Judge Robert E. Corlew |
Rutherford County | Court of Appeals | 02/20/98 | |
| Dennis O'Neal Milligan v. Ten-State, Inc .
02S01-9612-CV-00110
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On or about July 9, 1993, while employed by the defendant, the claimant was attempting to move a mobile home with the assistance of fellow employees when his foot slipped and he was caused to twist and fall to his knee. He felt a burning sensation in his lower back shortly thereafter and reported this to his supervisor. The company referred him to a Dr. Howard Thomas, who in turn referred him to Dr. R. J. Hornsby. In the course of his examinations and treatments by these physicians, he underwent not only an MRI, an EMG and nerve conduction study, but also an epidural block and myelogram, which gave him a severe spinal headache. Because he continued to complain of pain in the low back upon examination, he was also evaluated by a physical therapist, who reported, ". . . he was totally inconsistent in every test and no impairment was noted that was consistent." (Notes of Dr. Hornsby). No permanent disability rating was given by either Dr. Hornsby or Dr. Thomas. However, claimant was referred by his attorney on October 4, 1994 to Dr. Robert Barnett, for an evaluation. Dr. Barnett saw him one time. Dr. Barnett said that he "thought that he had some lumbar radiculopathy, probably aggravation of preexisting degenerative changes." Dr. Barnett was also of the opinion that the claimant has a permanent impairment of ten percent (1%) of the whole body. When asked what the opinion was based upon, the doctor replied, Medically documented injury with the pain and stiffness, with some radiculopathy, and some limited motion, [giving a reference to the AMA guides]. (Deposition of Dr. Barnett, page 9). The doctor was then asked whether or not the history of claimant injuring himself in July of 1993 on the job "was consistent" with his diagnosis of lumbar radiculopathy and a ten percent (1%) permanent impairment to the body as a whole. The doctor 2
Authoring Judge: Robert A. Lanier, Circuit Judge
Originating Judge:Lanier, Judge |
Hardin County | Workers Compensation Panel | 02/20/98 | |
| State vs. John Hackney
01C01-9704-CC-00152
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Rutherford County | Court of Criminal Appeals | 02/20/98 | |
| Landry, Jr. vs. Rudd
01A01-9707-CV-00303
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 02/20/98 | |
| Franko Fykes vs. State
01C01-9611-CR-00490
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 02/20/98 | |
| State vs. Christopher Gibbs
01C01-9611-CC-00464
Originating Judge:Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 02/20/98 | |
| Bobby Roberson vs. Martha Brasfield, Comm., et al
02A01-9704-CV-00085
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 02/20/98 |