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| Charles H. Smith v. Kinetic Concepts, Inc.
01S01-9610-CH-00207
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Smith County | Workers Compensation Panel | 09/12/97 | |
| Robert Stone v. Saturn Corporation
01S01-9610-CH-00213
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Maury County | Workers Compensation Panel | 09/12/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 09/12/97 | |
| Abigail Hackett v. Fidelity & Casualty Co. of New York, et al.
01S01-9701-CH-00003
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 findings of fact and conclusions of law. This case presents the issue of whether permanent partial disability ("PPD") awards of 5% and 25% are excessive in light of anatomical disability ratings of 12% and 5%. We conclude that the awards were not excessive and affirm the trial court's decision. The employee/appellee, Abigail Hackett, slipped and fell while coming off her shift at her employer's factory. She suffered extensive injury to both knees. Dr. Robert Landsberg, the orthopaedic surgeon who operated on her knees, testified that she had a 12% impairment in her left leg and a 5% impairment in her right leg. Hackett, age 44, has a GED and has worked in the past as a maintenance worker, school bus driver and sewing machine operator. As a result of the injuries to her knees, she can no longer perform these jobs. After the surgery, Hackett returned to work as a fork lift driver. The employer, G.F. Office Furniture, has accommodated her disability by modifying assembly line procedures. The trial court awarded Hackett a lump sum of $41, 35.5, which represented a PPD assessment of 5% to her left leg and 25% to her right leg. The employer/appellant argues that the trial court's award was excessive 2
Authoring Judge: Robert S. Brandt, Senior Judge
Originating Judge:Hon. C. K. Smith, |
Wilson County | Workers Compensation Panel | 09/12/97 | |
| State vs. John Rheaume
02C01-9607-CR-00246
|
Court of Criminal Appeals | 09/12/97 | ||
| James Lowery, et al vs. Gary & Emily Franks
02A01-9612-CV-00304
Originating Judge:John Franklin Murchison |
Madison County | Court of Appeals | 09/10/97 | |
| State vs. James Corder
02C01-9606-CC-00189
|
Court of Criminal Appeals | 09/10/97 | ||
| State vs. Farr
03C01-9701-CR-00004
|
Knox County | Court of Criminal Appeals | 09/10/97 | |
| State vs. Lawson
03C01-9608-CR-00282
|
Hancock County | Court of Criminal Appeals | 09/10/97 | |
| Glover v. Philips
03S01-9607-CV-00076
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, who was 38 years of age at the time of this trial and who has a meager education, testified she fell over a fan on September 15 or 16, 1993 while working for the defendant and injured her back. The trial judge awarded 31% permanent partial disability to the body as a whole. We affirm in part and reverse in part. The plaintiff testified she told her supervisor at the time of the fall that she was injured. The supervisor denied he received this report. The dispensary nurse at the plant notes that on September 16 at 3:45 p.m., the plaintiff came to the dispensary and complained of back pain which, the note showed, was reported to be the result of a fall three years previously. There is no indication the nurse in the dispensary referred the plaintiff to an approved physician for treatment or evaluation of work injuries. The entry shows the plaintiff was sent home and ordered to take Advil for the pain. On September 17, 1993, the plaintiff was seen by Dr. Stanley of the Takoma Medical Group. Medicine for pain and muscle relaxers were prescribed for the plaintiff. The plaintiff was next seen in March 1994 by the group, then June 13, 1994, July 2, 1994, October 4, 1994, November 1, 1994 and March 1995. The testimony concerning the plaintiff's treatment and depression was given by Dr. Richard J. Aasheim, a family practitioner. The testimony reveals the plaintiff had a plethora of ailments, many attributable to her general physical condition, which showed a person 5'2" who weighed more than 18 pounds and was moderately obese. We need not go into great detail concerning the overall medical findings concerning the plaintiff. The pertinent parts of the doctor's testimony for the purpose of this case is his finding the plaintiff had lower back pain and muscle spasm as a result of the fall she related to him, with underlying chronic back pain prior to the fall. He testified that the fall aggravated and advanced pre-existing chronic back pain. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben K. Wexler, |
Knox County | Workers Compensation Panel | 09/10/97 | |
| Bass vs. State
03C01-9612-CR-00466
Originating Judge:Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 09/10/97 | |
| State vs. Ray Douglas
02C01-9610-CR-00349
|
Court of Criminal Appeals | 09/10/97 | ||
| 03C01-9610-CR-00380
03C01-9610-CR-00380
|
Carter County | Court of Criminal Appeals | 09/10/97 | |
| State vs. Doyle Hart
02C01-9612-CC-00451
|
Court of Criminal Appeals | 09/10/97 | ||
| State vs. Sammy Golden
02C01-9611-CR-00393
|
Shelby County | Court of Criminal Appeals | 09/10/97 | |
| 03CO1-9610-CR-00373
03CO1-9610-CR-00373
|
Knox County | Court of Criminal Appeals | 09/10/97 | |
| State vs. Cleophes Carter
02C01-9603-CR-00083
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/10/97 | |
| State vs. Leslie Thompson
02C01-9607-CR-00245
|
Court of Criminal Appeals | 09/10/97 | ||
| State vs. Gary Cooper
02C01-9610-CC-00334
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 09/10/97 | |
| Montgomery vs. State
03C01-9507-CC-00189
Originating Judge:Arden L. Hill |
Carter County | Court of Criminal Appeals | 09/10/97 | |
| Howell vs. State
03C01-9703-CR-00095
|
Court of Criminal Appeals | 09/10/97 | ||
| State vs. Haney
03C01-9612-CC-00449
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 09/10/97 | |
| State vs. Cleophes Carter
02C01-9603-CR-00083
|
Shelby County | Court of Criminal Appeals | 09/10/97 | |
| Jerel Hughes v. Dept. of Correction
M2001-00074-COA-R3-CV
Petitioner, a state inmate, filed the underlying action seeking review of actions taken by the Tennessee Department of Correction and the Tennessee Board of Probation and Parole, including the decision of the Board to deny parole and set the next parole hearing two years later. Petitioner had been convicted of an additional felony while on parole from a previous felony conviction. The trial court dismissed the petition for failure to state a claim under Tenn. R. Civ. P. 12.02(6). For the reasons set forth below, we affirm the decision of the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/10/97 | |
| State vs. Paul Mason
02C01-9611-CC-00404
Originating Judge:Joe G. Riley. Jr. |
Lake County | Court of Criminal Appeals | 09/09/97 |