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| Carol A. Hilliard v. Tn. State Home Health Services, et al.
01S01-9609-CH-00193
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 employee contends, in this appeal, that there is a genuine issue of material fact concerning causation and that the summary judgment of dismissal should be reversed. As discussed below, the panel has concluded the case should be remanded for trial. In 1971 and 1972, the claimant underwent gallbladder surgery and a hysterectomy. In conjunction therewith, she was given two blood transfusions. Over the next several years, she carried on a normal life and exhibited no more than normal health problems. However, in 1988, the claimant visited a doctor complaining of extreme fatigue, a symptom of hepatitis C. In 1989, she visited a doctor who noted she had an enlarged liver, also a symptom of hepatitis C. By 1992, the claimant's fatigue had become worse and she experienced a series of colds and viruses. She was again diagnosed with an enlarged liver, and hepatitis C was diagnosed for the first time. She has seen several doctors, including Dr. Ellen B. Hunter, whose deposition was filed in support of the defendants' motion for summary judgment. Dr. Hunter testified that hepatitis C sufferers often remain asymptomatic for many years. The claimant testified that the signs of the disease began after she started working for the employer providing nursing care for medical patients. She said she never had any major health problems before that, a circumstance confirmed by her family doctor in his affidavit. Dr. Hunter testified the condition could have been caused by the above transfusions or by working with patients having hepatitis C. She confirmed that a health care worker such as the claimant "is at risk for acquiring hepatitis C." The trial court granted a summary judgment of dismissal. Appellate review is controlled by Tenn. R. Civ. P. 56. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). The pleadings and evidence must be viewed in the light most favorable to the opponent of the motion. Wyatt v. Winnebago Indus., Inc., 566 S.W.2d 276 (Tenn. Ct. App. 1977). Summary judgment is to be rendered only when it is shown that there is no genuine issue as to a material fact and that the moving party is entitled to a judgment as a matter of law. Tenn. R. Civ. P. 56. It is almost never an option in workers' compensation cases. Berry v. Consolidated Systems, Inc., 84 S.W.2d 445 (Tenn. 1991). In a summary judgment hearing, even where the parties have no right to a jury trial, the trial judge is not at liberty to weigh the evidence. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Robert E. Burch, |
Stewart County | Workers Compensation Panel | 05/21/97 | |
| Tommye Johnson vs. Edward Johnson, Sr.
02A01-9609-Cv-00217
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/97 | |
| Marilyn Morgan vs. Velma McCrory
02A01-9604-CV-00072
Originating Judge:Robert A. Lanier |
Shelby County | Court of Appeals | 05/20/97 | |
| Deborah Tuggle vs. Shelby Co. Government, et al
02A01-9606-CV-00147
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 05/20/97 | |
| 02C01-9509-CC-00259
02C01-9509-CC-00259
|
Lauderdale County | Court of Criminal Appeals | 05/20/97 | |
| State vs. Nail
03C01-9406-CR-00197
Originating Judge:Paul A. Swafford |
Rhea County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Johnson
03C01-9606-CC-00214
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Beeler
03C01-9607-CC-00264
Originating Judge:Frank L. Slaughter |
Sullivan County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Maurice Garner
02C01-9508-CR-00223
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Lowery
03C01-9604-CC-00146
Originating Judge:William R. Holt |
Jefferson County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Henry Eugene Hodges
01S01-9505-CR-00080
|
Davidson County | Supreme Court | 05/19/97 | |
| State vs. Christopher Prentiss
02C01-9604-CR-00112
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 05/19/97 | |
| State vs. Teague
03C01-9601-CC-00027
|
Blount County | Court of Criminal Appeals | 05/19/97 | |
| Kite vs. Kite
03S01-9610-CH-00099
|
Supreme Court | 05/19/97 | ||
| 03C01-9311-CR-00363
03C01-9311-CR-00363
Originating Judge:Edgar P. Calhoun |
Sullivan County | Court of Criminal Appeals | 05/19/97 | |
| Stein vs. Davidson Hotel Company
01S01-9610-CV-00202
|
Davidson County | Supreme Court | 05/19/97 | |
| 01C01-9605-CR-00203
01C01-9605-CR-00203
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| Eddie Bryant v. Opryland USA, Inc., et al.
01S01-9611-CH-00231
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 defendants in this appeal contend that the Chancellor's award of benefits to the plaintiff on the basis of a percentage to the body as a whole was error in light of the proof which established injuries only to both of plaintiff's arms which are scheduled members. The panel concludes that the award of benefits on the basis of sixty percent to the body as a whole should be modified to provide for an award of sixty percent to both arms. Tenn. Code Ann. _ 5-6-27(3)(A)(ii)(w) (1996 Supp.) The judgment of the trial court is therefore affirmed as modified. The plaintiff, Eddie Bryant, was thirty-six years old at the time of trial. Following his graduation from high school, Bryant served three years in the Navy and received training as a mechanic in diesel repair and in boiler repair. He completed three different training courses at Gravely Equipment, Briggs Equipment School and Echo Power Equipment. Subsequent to his discharge from the Navy, Bryant began working for the defendant Opryland as a mechanic in the horticulture department. Although Bryant was also in charge of the trash crew and performed some tree trimming, his primary job was that of mechanic. In 1992, Bryant began dropping tools and experiencing numbness in his hands. Bryant first saw Dr. Steven Salyers, a medical doctor who specializes in orthopedics, on September 18, 1992. Based upon testing and examination of Bryant, Dr. Salyers diagnosed Bryant as having carpal tunnel syndrome in his right hand. Initially, Dr. Salyers prescribed conservative treatment for Bryant, however, that treatment proved unsuccessful. On January 28, 1993, Dr. Salyers performed corrective release surgery on Bryant's right wrist. Bryant returned to work on light duty, but began experiencing pain and discomfort in his left hand. Electrodiagnostic studies done on March 12, 1993 revealed mild carpal tunnel syndrome. Dr. Salyers -2-
Authoring Judge: Frank F. Drowota, III, Justice
Originating Judge:Hon. Alex W. Darnell, |
Montgomery County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9507-CC-00219
01C01-9507-CC-00219
|
Cheatham County | Court of Criminal Appeals | 05/16/97 | |
| Earl Barrett v. City of Lebanon, et al.
01S01-9608-CH-00158
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 a 4-year-old man whose work experience has essentially been limited to manual labor. On August 2, 1994, during the course and scope of his employment by the City of Lebanon and while using a jackhammer, he sprained a neck muscle while attempting to dislodge the implement. He returned to light duty on February 6, 1995 and full duty on March 2, 1995. The issue is whether the evidence preponderates against the judgment of the trial court that the plaintiff retained a 12.5% permanent partial disability to his body as a whole as a result of the cervical strain. Our review is de novo on the record with the presumption of the correctness of the judgment unless the evidence otherwise preponderates. T.C.A. _ 5-6-225(e)(2) and TENN. R. CIV. P. 13(d). The treating physician was Dr. W. Garrison Strickland, board-certified in psychiatry and neurology. His examination and testing revealed mild degenerative changes in the cervical spine. He testified that the results of a functional capacity evaluation were inconsistent, meaning that the plaintiff's efforts were not always sincere. Dr. Strickland declined to state an opinion as to whether the plaintiff had any impairment because there were no objective findings and the functional capacity evaluation was inconsistent. The plaintiff was referred to Dr. Jack Fishbein, an orthopedic surgeon, by his attorney. He saw the plaintiff only on one occasion and testified that he found muscle tightness and limited range of motion with pain radiating from the right shoulder. He assessed 5% impairment to the body as a whole. The trial judge found the testimony of Dr. Fishbein to be more credible than the testimony of Dr. Strickland, who, as stated, declined to state an opinion because he found no objective symptoms and does not give impairment ratings if the functional capacity evaluation is inconsistent. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Charles K. Smith, |
Wilson County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9511-CC-00378
01C01-9511-CC-00378
Originating Judge:Leonard W. Martin |
Dickson County | Court of Criminal Appeals | 05/16/97 | |
| Margaret Ann Scruggs v. National Health Corp.
01S01-9504-CH-00052
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. For the reasons set forth below, the judgment of the trial court is affirmed. The plaintiff, Margaret Ann Scruggs, injured her neck on December 25, 1991, while employed as a nurse's aid by the defendant, National Healthcorp, L.P., d/b/a/ Merihil Health Care Center, Inc. The plaintiff, was 52 years old at the time of trial. She did not finish the seventh grade. Her employment history consists of working as a private sitter and in various restaurants and factories. She has had training as a nurse's aide. Plaintiff was first treated for her work-related neck injury by Dr.Kenneth J. Phelps. She informed Dr. Phelps that she was experiencing pain from her neck that was radiating down into her left arm causing loss of grip strength in her hand. Dr. Phelps confirmed plaintiff's complaint of pain and loss of grip strength, scheduled physical therapy and imposed lifting restrictions. Dr. Phelps continued to see plaintiff through October, 1992, because she continued to complain of symptoms similar to those she had complained of after the accident. She also indicated she had additional problems such as pain down her back and into her left leg, spasms in her back, difficulty sleeping and panic attacks. From January of 1993 through January of 1994, plaintiff was treated by Dr. Richard Fishbein, an orthopedic surgeon. Dr. Fishbein diagnosed plaintiff as 2
Authoring Judge: John Maddux, Special Judge
Originating Judge:Hon. Tyrus H. Cobb, |
Marshall County | Workers Compensation Panel | 05/16/97 | |
| Naomi Gentry v. Lumbermens Mutual Co., et al.
01S01-9608-CH-00165
Authoring Judge: William H. Inman, Senior Judge
|
Smith County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9601-CR-00041
01C01-9601-CR-00041
|
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9603-CR-00084
01C01-9603-CR-00084
|
Davidson County | Court of Criminal Appeals | 05/16/97 |