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| Robert F. Seymore v. Snap-On Tools Corporation
03S01-9507-CH-00081
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, Snap-On Tools Corporation, has appealed from the action of the trial court in awarding plaintiff, Robert F. Seymore, 4% permanent partial disability to each upper extremity. Plaintiff is 52 years of age and has a 12th grade education. He suffered bilateral carpal tunnel syndrome injuries as a result of work-related activities. Surgery was performed on the right on July 13, 1993 and the left on August 31, 1993. He returned to work during October, 1993. Plaintiff's job title is a heat treat operator, and he constantly uses his hands and wrists in his work. He testified that, after surgery, he felt some relief but most of his symptoms of pain and numbness have returned. He has continued to work without a drop in his production rate but says he still suffers from his injuries as he works and even after work. There is evidence from his wife and supervisor to substantiate his complaints of continuing problems. The only issue on appeal is the extent of permanent disability. Dr. Paul E. Gorman, an orthopedic surgeon, testified by deposition and did not give plaintiff any permanent impairment under the A.M.A. Guidelines. However, he testified plaintiff should be restricted in working. His restrictions included no overtime work, avoidance of vibration tools and no lifting or handling of items weighing in excess of 1 pounds. Dr. Eric C. Roberts, a physician in physical medicine and rehabilitation, also testified by deposition and examined plaintiff for the purpose of giving an impairment rating. He agreed with the restrictions as imposed by Dr. Gorman but was of the opinion plaintiff had permanent impairment under A.M.A. Guidelines of ten percent to each upper extremity. -2-
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. G. Richard Johnson, |
Washington County | Workers Compensation Panel | 05/24/96 | |
| 02C01-9508-CC-00212
02C01-9508-CC-00212
Originating Judge:Dick Jerman, Jr. |
Haywood County | Court of Criminal Appeals | 05/24/96 | |
| 01C01-9403-CR-00084
01C01-9403-CR-00084
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 05/24/96 | |
| 02C01-9501-CR-00028
02C01-9501-CR-00028
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 05/24/96 | |
| 02C01-9604-CR-00130
02C01-9604-CR-00130
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 05/24/96 | ||
| 01C01-9501-CC-00023
01C01-9501-CC-00023
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 05/24/96 | |
| 01C01-9509-CC-00311
01C01-9509-CC-00311
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 05/24/96 | |
| 03A01-9509-CV-00312
03A01-9509-CV-00312
|
Greene County | Court of Appeals | 05/24/96 | |
| 02C01-9412-CR-00271
02C01-9412-CR-00271
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/24/96 | |
| 02C01-9507-CR-00192
02C01-9507-CR-00192
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/24/96 | |
| 01A01-9510-CV-00434
01A01-9510-CV-00434
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 05/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 05/24/96 | ||
| 03A01-9511-CH-00388
03A01-9511-CH-00388
|
Hamilton County | Court of Appeals | 05/24/96 | |
| 01C01-9508-CR-00280
01C01-9508-CR-00280
|
Wilson County | Court of Criminal Appeals | 05/24/96 | |
| 02C01-9508-CR-00219
02C01-9508-CR-00219
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/24/96 | |
| 01C01-9501-CC-00023
01C01-9501-CC-00023
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 05/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 05/24/96 | ||
| 01C01-9411-CR-00397
01C01-9411-CR-00397
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 05/24/96 | |
| 02C01-9505-CC-00125
02C01-9505-CC-00125
Originating Judge:F. Lloyd Tatum |
Madison County | Court of Criminal Appeals | 05/24/96 | |
| 02C01-9408-CR-00153
02C01-9408-CR-00153
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 05/24/96 | |
| 01A01-9512-CH-00572
01A01-9512-CH-00572
Originating Judge:Ellen H. Lyle |
Davidson County | Court of Appeals | 05/24/96 | |
| Martha G. Myers v. Aluminum Company of America
03S01-9509-CV-00102
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 alleged that on May 15, 1983, she injured most of her body as a result of a job-related accident. She returned to work in November 199 and allegedly sustained two additional injuries which aggravated her pre-existing condition resulting in total disability for which she seeks benefits. The defendant generally denied that the injuries complained of were serious and denied that the plaintiff suffered any degree of disability. The trial judge ruled that the plaintiff failed to carry her burden of proof and dismissed her case. Our review is de novo on the record with the presumption that the findings of fact are correct unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). The plaintiff is 44 years old. She started work at ALCOA in 1978, but five years later suffered a pulled muscle in a vaguely defined manner which caused some cervical discomfort, exacerbated the following day in another vaguely defined manner. She complained of continuing discomfort and was seen by Dr. Haralson, an orthopedic specialist. Two days later, she returned to work for a brief period. She then left work for about six months, returned, and left again. This pattern continued for eleven or twelve years. In October or November 199, she testified that she tripped over some cables which "aggravated my problem," and shortly afterwards caught her foot in a table leg which "hurt my low back right instantly then." She said that in December, "I had to quit, go out," and never returned to work. In the interim, she was injured in a traffic accident which seemingly contributed to her discomfort. -2-
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. W. Dale Young, |
Knox County | Workers Compensation Panel | 05/24/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 05/24/96 | ||
| 02C01-9503-CC-00064
02C01-9503-CC-00064
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 05/24/96 |