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Brenda Gail Ward v. United States Fidelity and Guaranty Company 03S01-9509-CH-00109 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's insurer contends the evidence preponderates against the award of permanent disability benefits. The panel concludes the judgment should be reversed and the cased dismissed. The only issue litigated at trial was the extent of the claimant's permanent disability, if any. On February 19, 1993, the employee or claimant, Brenda Gail Ward, was sweeping a floor for her employer, United Parcel Service, when she suddenly slipped and fell, injuring her back, neck and shoulder. On April 7, 1993, she visited Dr. David Hauge, who treated her until January 26, 1994. Dr. Hauge diagnosed chronic degenerative changes unrelated to the above accident. His diagnosis was confirmed by an MRI of the spine. He found no evidence of an acute injury, except some muscle spasm which was resolved with physical therapy. He estimated her permanent impairment from her degenerative changes at nine percent to the whole body, but provided no proof of medical causal connection to the work-related accident. Approximately two years after the accident, the claimant was evaluated by Dr. William E. Kennedy, who found no permanent anatomical injury or change as a result of the work-related accident, but assessed her permanent impairment from her subjective complaints of pain at eight percent to the whole person. A vocational expert, Norman Hankins, estimated her industrial disability at between thirty-four and sixty-one percent, depending on her physical restrictions. The chancellor awarded permanent partial disability benefits based on forty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of the trial court, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies. Authoring Judge: Joe C. Loser, Jr., Special Judge Originating Judge:Hon. Billy Joe White,	Campbell County	Workers Compensation Panel	06/25/96
Joseph Jarreau v. Vanliner Insurance Company 01S01-9512-CH-00228 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. This appeal presents the questions whether and under what circumstances, if any, an injured worker may give up his right to future medical expenses. The panel concludes the trial court's judgment, approving a settlement in which the right to future medical expenses was voluntarily surrendered for consideration, should be affirmed. The employee or claimant, Jarreau, commenced this civil action by filing a complaint for workers' compensation benefits, averring that he had suffered an injury by accident arising out of and in the course of his employment by Ozark Motor Lines, Inc. The complaint further averred, in relevant part, that his injury had been diagnosed as a tear of the left medial meniscus, that he had reached maximum medical recovery and would retain a permanent impairment but that there was a genuine dispute as to the extent of his permanent disability. He sought to recover medical and permanent partial disability benefits. Vanliner Insurance Company served its answer admitting it was the insurer for Ozark, but denying that the claimant had suffered a compensable injury or that he was permanently disabled. On September 8, 1994, before the case could be tried, the claimant and his attorney and the attorney for Vanliner appeared before Judge Capers seeking approval of a negotiated settlement. By the settlement terms, the claimant was to receive $25,459.2, representing a permanent partial disability of forty percent to the left leg, and an additional $9,54.8 in consideration of the claimant's relinquishment of any claim for future medical benefits, for a total of $35,.. Additionally, the claimant had already received $15,481.3 in medical benefits and $12,481.3 in temporary total disability benefits. We find in the record no transcript of the settlement hearing, but Judge Capers found that Dr. Robert V. Russell had opined the claimant had reached maximum medical improvement and would retain a permanent anatomical impairment of ten percent to the leg. The judge further found the settlement to be in the best interest of the claimant, "in light of the controversy and dispute between the parties." The agreement was approved as a full, final and complete settlement of Mr. Jarreau's claim against the employer and its insurer. Almost eight months later, on April 28, 1995, the claimant applied to the court, per Tenn. R. Civ. P. 6.2, for an order setting aside the settlement 2 Authoring Judge: Per Curiam Originating Judge:Hon. Bobby Capers,	Wilson County	Workers Compensation Panel	06/25/96
Wade v. Davies 03C01-9509-CC-00260 Originating Judge:Mary Beth Leibowitz	Knox County	Court of Criminal Appeals	06/25/96
03C01-9506-CR-00181 03C01-9506-CR-00181	Hamilton County	Court of Criminal Appeals	06/24/96
01S01-9601-CC-00022 01S01-9601-CC-00022		Supreme Court	06/24/96
01S01-9601-CC-00022 01S01-9601-CC-00022		Supreme Court	06/24/96
01S01-9510-CC-00173 01S01-9510-CC-00173 Originating Judge:Donald P. Harris		Supreme Court	06/24/96
01S01-9412-FD-00155 01S01-9412-FD-00155		Supreme Court	06/24/96
Gene v. Aaby, 03S02-9507-CH-00073		Supreme Court	06/24/96
State of Tennessee v. Maurice Lydell Purdy W2000-00460-CCA-R3-CD Authoring Judge: Judge Gary R Wade Originating Judge:William B. Acree	Obion County	Court of Criminal Appeals	06/23/96
03C01-9503-CR-00061 03C01-9503-CR-00061 Originating Judge:William R. Holt	Cocke County	Court of Criminal Appeals	06/21/96
O1C01-9503-CC-00100 O1C01-9503-CC-00100 Originating Judge:W. Charles Lee	Marshall County	Court of Criminal Appeals	06/21/96
The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 02C01-9612-CC-00463	Lake County	Court of Criminal Appeals	06/20/96
Johnson Controls v. Shelby J. Cotham and Larry Brinton, Director, Second Injury Fund 01S01-9511-CV-00212 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. Plaintiff, Johnson Controls, Inc., instituted suit against defendant, Shelby J. Cotham, seeking a determination as to whether the defendant employee had sustained a work-related injury which was compensable. The Circuit Judge found the claim to be compensable and awarded 1 percent permanent disability benefits apportioning 75 percent of the award to plaintiff-employer and 25 percent to the Second Injury Fund. The employer has appealed the decision insisting defendant's knee condition was not caused by her work activities and that her tendinitis in her hand was not a permanent injury. The employee contends the evidence supports the trial court's findings and that the trial court was in error in directing the award of disability be reduced or set-off by amounts paid to her for short term disability benefits which she received for about five months. Shelby J. Cotham is 52 years of age and has a 7th grade education. She has been employed by plaintiff for about 22 years. During most of her employment she has been on production work on an assembly line or subline assembly requiring repetitive use of her hands and prolonged periods of standing and/or sitting. The record indicates she had suffered from osteoarthritis in her knees since 1984-1989; her hand problem first began during April, 1993; she worked through June, 1994, and did not ever return to work as she testified she could not perform her work duties while standing or sitting and that her hands would go to sleep at night; that she could not grip anything and her arm hurt. Her employer was aware of her osteoarthritis as it had resulted in her being off from work twice during the years 1992-1993. The employer questions the trial court's findings that her osteoarthritis was aggravated by her work conditions. Two physicians testified by deposition and their testimony is in conflict on the medical questions. The trial court resolved the dispute by accepting the testimony of her treating physician. 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Donald P. Harris	Johnson County	Workers Compensation Panel	06/20/96
John Primm v. Ucar Carbon Company, Inc. 01S01-9511-CV-00204 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. Defendant, UCAR Carbon Company, Inc., has appealed from the action of the trial court in awarding plaintiff, John Primm, 65% permanent partial disability benefits to the body as a whole. Defendant contends the trial court was in error (1) in awarding 65% disability to the body as a whole, (2) in denying Defendant a set-off for payments of short-term disability insurance benefits and (3) in commuting the award to one lump sum payment. Plaintiff is 63 years of age and has a 12th grade education. He has followed construction work for many years and had worked for Defendant for 13 years prior to the time in question. During October, 1993, he was injured while using a pry bar to move a heavy metal plate. He said he felt a pinch in his back and shoulder and reported the injury to his employer. He continued to work on and off for different periods of time until his surgical procedures were over. After finally being released by his physician, he told the trial court he could not work at his old job and he elected to retire during March, 1995. The testimony of Dr. Eslick Daniel, an orthopedic surgeon, was presented by deposition. He indicated he first saw plaintiff on November 3, 1993, when he noted plaintiff had degenerative disc disease of his back and early arthritic changes of his shoulder. His first diagnosis was a shoulder and back strain and he said plaintiff did not indicate his problem was work-related. Upon seeing him a second time, his diagnosis was a rotator cuff strain with some tendinitis. He noted that between the two visits the patient had also seen a hospital emergency room doctor. Dr. Daniel had scheduled a CT Scan but plaintiff declined to take the test as he said the doctor had accused him of "faking" the injury. Dr. Daniel did not recall nor deny this conversation. Plaintiff decided to see another doctor designated by Defendant. This physician referred him to Dr. Greg Lanford, a neurosurgeon, who examined plaintiff 2 Authoring Judge: Roger E. Thayer, Special Judge Originating Judge:Hon. Jim T. Hamilton,	Maury County	Workers Compensation Panel	06/20/96
Glenn H. Hall v. Bridgestone/Firestone, Inc. and Insurance Company of The State of Pennsylvania 01S01-9510-CH-00175 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 trial court awarded the employee, Glenn Hall, workers' compensation benefits for the total loss of hearing in his left ear. On appeal the employer asserts that the employee failed to notify the employer of the injury as required by the workers' compensation statute. We affirm the trial court's finding that the proper notice was given. I. Mr. Hall testified that on June 22, 1993 his left ear began hurting after an explosion occurred in the department where he worked. Explosions are not uncommon in that department, and Mr. Hall customarily wore ear plugs to protect his ears from the noise. At the time of the accident, however, Mr. Hall had removed the ear plugs because he was shutting down the process to investigate a problem. Mr. Hall told a co-worker that his ear was hurting and went to see his supervisor. He told the supervisor that his ear hurt, and the supervisor referred Mr. Hall to the company nurse. The company nurse was not called to testify but the forms generated by Mr. Hall's visit to the nurse were introduced as business records. The records show that Mr. Hall had an inner ear infection, was out of the antibiotic he had been taking, and was referred to the company doctor. The records do not reflect that Mr. Hall claimed his ear problems were work-related. Neither do the doctor's notes from that same day reflect that Mr. Hall was claiming a work-related injury. Mr. Hall, however, - 2 - Authoring Judge: Ben H. Cantrell, Special Judge Originating Judge:Hon. Robert E. Corlew, III,	Rutherford County	Workers Compensation Panel	06/20/96
Clarence W. Lee v. K-Mart Corporation 03S01-9512-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 claims to have suffered an injury by accident cognizable under the workers' compensation law when, on August 7, 1992, after 3 years of continuous employment, he was summarily relieved of his duties as manager of the K-Mart store in Hixson, Tennessee, demoted, and transferred to another store in Paris, Illinois. He alleged that he thereby sustained a sudden emotional injury resulting in total disability and unsoundness of mind. The defendant admitted that it removed the plaintiff from its Hixson store and transferred him to a smaller store at a reduced salary. It denied that the plaintiff gave notice of a work-related injury, and averred that he filed an age- discrimination claim against it without alerting the court or the defendant that he was of unsound mind. In course, the case was heard on the motion of the defendant for summary judgment, alleging the bar of the Statute of Limitations, TENN. CODE ANN. _ 5- 6-21, and the further allegation that the claim of emotional stress was not a compensable injury. The underlying facts are not disputed. Mr. Lee's difficulties began with his departure from company policy in disposing of defective or damaged merchandise which was to be destroyed in accordance with the manufacturer's instructions. Instead, he secreted these goods in a locked trailer, later donating them to charitable, fund raising causes. A portion of the funds realized from the sale of the damaged or defective merchandise went into a "flower fund" controlled by Mr. Lee which he used to provide gifts and trips to certain employees. Upon the belated discovery of this scheme, Mr. Lee was interviewed extensively and warned that he should expect stringent disciplinary action. He was then 5 years of age, had been manager of the Hixson store for 12 years, and had relocated 17 times. Mr. Lee was on vacation when the investigation began of his disposal of 2 Authoring Judge: William H. Inman, Senior Judge Originating Judge:Hon. Howell N. Peoples	Hamilton County	Workers Compensation Panel	06/20/96
Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508- 02C01-9612-CC-00464	Lake County	Court of Criminal Appeals	06/20/96
01C01-9508-CC-00267 01C01-9508-CC-00267	Wayne County	Court of Criminal Appeals	06/20/96
The Petitioner, Relying In Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 02C01-9611-CC-00409	Lake County	Court of Criminal Appeals	06/20/96
1996. In The Present Appeal, The Petitioner, Relying In Part Upon State v. Roger Dale Hill, 02C01-9612-CC-00452	Lauderdale County	Court of Criminal Appeals	06/20/96
01C01-9505-CC-00143 01C01-9505-CC-00143 Originating Judge:Leon C. Burns, Jr.	Putnam County	Court of Criminal Appeals	06/20/96
01C01-9506-CC-00198 01C01-9506-CC-00198 Originating Judge:Leonard W. Martin	Dickson County	Court of Criminal Appeals	06/20/96
01C01-9508-CC-00253 01C01-9508-CC-00253 Originating Judge:Gerald L. Ewell, Sr.	Coffee County	Court of Criminal Appeals	06/20/96
01C01-9507-CC-00239 01C01-9507-CC-00239	Williamson County	Court of Criminal Appeals	06/20/96