APPELLATE COURT OPINIONS

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01C01-9504-CC-00109

01C01-9504-CC-00109
Pickett County Court of Criminal Appeals 06/11/96
01C01-9506-CC-00196

01C01-9506-CC-00196
Williamson County Court of Criminal Appeals 06/11/96
Teresa Davis v. Tecumseh Products Company

02S01-9512-CV-00125
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Cecil Crowson, Jr.
Originating Judge:Hon. Julian P. Guinn,
Henry County Workers Compensation Panel 06/11/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
03A01-9510-BC-00355

03A01-9510-BC-00355
Court of Appeals 06/11/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
03C01-9503-CR-00106

03C01-9503-CR-00106

Originating Judge:Thomas W. Graham
Bledsoe County Court of Criminal Appeals 06/11/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Sullivan County Court of Appeals 06/11/96
02A01-9504-CV-00082

02A01-9504-CV-00082

Originating Judge:Robert A. Lanier
Court of Appeals 06/11/96
01C01-9508-CR-00249

01C01-9508-CR-00249
Davidson County Court of Criminal Appeals 06/11/96
03A01-9601-CV-00004

03A01-9601-CV-00004
Court of Appeals 06/11/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
01C01-9509-CC-00313

01C01-9509-CC-00313

Originating Judge:J. S. Daniel
Rutherford County Court of Criminal Appeals 06/11/96
02A01-9504-CH-00094

02A01-9504-CH-00094

Originating Judge:Dewey C. Whitenton
Hardeman County Court of Appeals 06/11/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
01C01-9504-CC-00108

01C01-9504-CC-00108
Dickson County Court of Criminal Appeals 06/11/96
01C01-9509-CR-00289

01C01-9509-CR-00289
Davidson County Court of Criminal Appeals 06/11/96
02S01-9501-CH-00005

02S01-9501-CH-00005
Supreme Court 06/10/96
Reva Pitts v. National Union Fire Insurance Company and Sue Ann Head Director of The Division of Workers' Compensation Tennessee Department of Labor, Second Injury Fund

03S01-9509-CH-00108
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, National Union, asserts that the evidence preponderates against the trial court's findings that (1) the claimant's injury was one arising out of her employment, (2) the claimant is permanently and totally disabled , and (3) the claimant gave the required notice to the employer. The Second Injury Fund (the Fund) asserts that the evidence preponderates against the trial court's finding that (1) the claimant is permanently and totally disabled and (2) the claimant is entitled to more than twenty-two weeks of temporary total disability. The panel has concluded that the judgment should be modified as set forth below. The employee or claimant, Reva Pitts, is thirty-nine and has ahigh school education. She has some computer training. From a previous injury she received a workers' compensation based on forty percent to the body as a whole. In her duties as a tire builder for the employer, Dico Tire, Inc., she operated a machine by pushing foot pedals. As a result, she gradually developed foot pain in both feet, which, on July 24, 1992, Dr. James Engblom diagnosed as tarsal tunnel syndrome, superimposed on other foot maladies. The doctor operated on both feet and estimated her permanent impairment at fourteen percent to both feet. She reached maximum medical improvement for her left foot on August 3, 1992 and for her right foot on November 6, 1992. Dr. Catherine Gyurik, a psychiatrist, began evaluating the claimant on July 28, 1993, and diagnosed recurrent depression chronologically related to her foot problems. The doctor did not testify the claimant was permanently impaired by her mental condition. Dr. Norman Hankins, a vocational expert, testified that the claimant was eighty-one percent disabled from the foot injury and subsequent surgery, based on restrictions from a physical therapist. The chancellor found the employee to be permanently and totally disabled and apportioned forty percent of the award of disability benefits to the Fund and sixty percent to the employer. Additionally, the chancellor awarded temporary total disability benefits from May 21, 1992 to August 22, 1992, and from September 4, 1992 through November 6, 1992. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Billy Joe White,
Knox County Workers Compensation Panel 06/10/96
01S01-9503-CC-00034

01S01-9503-CC-00034

Originating Judge:Charles D. Haston, Sr.
Supreme Court 06/10/96
03A01-9509-CV-00332

03A01-9509-CV-00332
McMinn County Court of Appeals 06/10/96
01S01-9503-CC-00034

01S01-9503-CC-00034

Originating Judge:Charles D. Haston, Sr.
Supreme Court 06/10/96
02C01-9507-CC-00193

02C01-9507-CC-00193
Weakley County Court of Criminal Appeals 06/10/96
03A01-9601-CH-00030

03A01-9601-CH-00030
Polk County Court of Appeals 06/10/96
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
Blount County Court of Appeals 06/10/96