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| State vs. Vaughn Mixon
02C01-9507-CC-00204
Originating Judge:John Franklin Murchison |
Chester County | Court of Criminal Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 08/28/97 | ||
| Goad v. Cna
03S01-9606-CV-00064
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. In this appeal, the employer insists the award of permanent partial disability benefits is excessive; and the claimant or employee insists the award of permanent partial disability benefits is inadequate, the trial court erred in finding part of the claimant's claim to be time barred, the appeal should be dismissed for failure to file part of the transcript, and the appeal is frivolous. As discussed below, the panel has concluded the trial court's judgment that the claim for disability benefits resulting from a 1989 injury is time barred should be affirmed, and that the award of permanent disability benefits from a 1992 injury should be reversed and dismissed. This claim involves two separate injuries to the claimant, both arising out of and in the course of his employment by the same employer. The first injury occurred in November of 1989, when the claimant strained his lower back while lifting a fuel cell. The treating physician diagnosed lumbar disc injury with mechanical nerve compression. He was unable to work for three months. Although the doctor assigned a permanent whole person impairment rating of five percent, the claimant returned to work and received no permanent disability benefits. On April 8, 1992, the claimant injured his neck and low back in a fork lift collision, but was unable to work for only a few days. On June 29, 1992, he saw Dr. Robert J. Wilson, who found no objective evidence of injury, but assigned an impairment rating of three percent, from subjective complaints of pain. On January 5, 1993 and June 25, 1993, he saw Dr. William E. Kennedy, who diagnosed chronic low back and cervical syndrome superimposed on pre-existing degenerative disc disease. Dr. Kennedy assigned a permanent impairment rating of eight percent and restricted the claimant from activities requiring bending, stooping, squatting, heavy lifting, working over 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Ben K. Wexler, |
Knox County | Workers Compensation Panel | 08/28/97 | |
| Jenkins v. Goddard
03A01-9704-CH-00139
|
Court of Appeals | 08/28/97 | ||
| Joan Marie Griffin v. National Medical Hospital of Tullahoma
01S01-9606-CH-00130
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 is 29 years old, married, and has a young child. She is learning- disabled on account of a stroke when she was only four months old; she was born with congenital heart disease, and developed a pronounced scoliosis at age 12 which required the surgical implantation of rods in her back. Notwithstanding, she has held several jobs: attendant at a day care center, counter clerk at a fast- food eatery, sales clerk and cashier at a J. C. Penney store. She was employed by the defendant in August, 1992 in furtherance of its special employment program called Overcoming Challenges which was established to employ afflicted persons. Her initial job with the defendant was working in the cafeteria making sandwiches and serving food. Some of this work was difficult for her, and ambition lagged; the defendant constantly provided encouragement, and at the time of her alleged injury she had been assigned duties as a cashier. She was often absent from work owing to illness or to the pre-emptive care of her young child. She commonly experienced pain and fatigue as a result of standing or sitting for extended periods, or whenever she lifted objects. Her previous jobs at the day care center, fast food restaurant and the J. C. Penney Store also caused pain and fatigue. The injury from which this complaint arises occurred March 3, 1994 when the plaintiff attempted to lift a milk crate. She was initially treated by Dr. Ramprasad who prescribed physical therapy; thereafter, she was referred to Dr. Paul McCombs, a neurological surgeon. He saw the plaintiff on two occasions, April 25 and May 16, 1994, and on the second visit released her to return to work with the recommendation that she avoid prolonged repetitive twisting, bending and stooping, and that she avoid lifting in excess of 2 pounds at any one time or ten pounds repetitively. The plaintiff returned to Dr. McCombs on June 6, 1994 stating that she had a reoccurrence of pain while lifting her daughter. She returned again on July 25, 1994, 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. John W. Rollins, |
Coffee County | Workers Compensation Panel | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Monroe County | Court of Appeals | 08/28/97 | |
| Jenkins v. Goddard
03A01-9704-CH-00139
|
Court of Appeals | 08/28/97 | ||
| State vs. Larry Dawson
02C01-9704-CC-00156
|
Lauderdale County | Court of Criminal Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 08/28/97 | ||
| Stella Louise Flatt v. Osh Kosh B'Gosh, Inc. et al.
01S01-9608-CV-00168
Authoring Judge: William S. Russell, Special Judge
Originating Judge:HON. BOBBY CAPERS, JUDGE |
Jackson County | Workers Compensation Panel | 08/28/97 | |
| Fortson vs. Fortson
03A01-9611-CV-00363
|
McMinn County | Court of Appeals | 08/28/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Sullivan County | Court of Appeals | 08/28/97 | |
| Raymond L. Cox v. Thomas R. Hicks
E2000-01141-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 08/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Knox County | Court of Appeals | 08/27/97 | |
| Holder, etc., vs. Celsor, et. al.
01A01-9702-CV-00080
Originating Judge:Bobby H. Capers |
Trousdale County | Court of Appeals | 08/27/97 | |
| State vs. Maurice Teague
02C01-9704-CC-00132
|
Court of Criminal Appeals | 08/27/97 | ||
| Scruggs vs. TR
03A01-9701-CV-00038
|
Knox County | Court of Appeals | 08/27/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Cocke County | Court of Appeals | 08/27/97 | |
| State vs. Vincent Jones
02C01-9409-CR-00201
|
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| Rollins vs. State
03C01-9412-CR-00440
Originating Judge:Russell C. Hinson |
Hamilton County | Court of Criminal Appeals | 08/27/97 | |
| Byrd vs. Byrd
01A01-9703-CV-00139
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/27/97 | |
| State vs. Edward Jones
02C01-9607-CR-00226
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. James Delbridge
02C01-9605-CR-00142
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 08/27/97 | |
| State vs. John Williams
02C01-9704-CC-00148
|
Madison County | Court of Criminal Appeals | 08/27/97 | |
| Bowman v. A-best
03A01-9703-CV-00092
|
Court of Appeals | 08/27/97 |