Please enter some keywords to search.
| 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 | |
| Franklin Hartsell v. Dallas & Mavis Forwarding Co., et al.
01S01-9608-CH-00164
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, age 54, suffered a job-related myocardial infarction on March 1, 1994. A coronary arteriogram revealed an 8% blockage of his left anterior descending artery which was alleviated by an angioplasty procedure which reduced the blockage to less than 15%. Conservative treatment followed, and he was released to return to full employment on January 1, 1994. From that day forward, the plaintiff has worked steadily and without incident. In July 1991, the plaintiff was hospitalized with chest pains. A cardiac catheterization was performed, which revealed a serious lesion in his left circumflex coronary artery at the left ventricular ridge, with another lesion in his left anterior descending coronary artery. After the 1994 infarction, the lesion in the left anterior artery was substantially worsened. The employer insists that the award is excessive because it was improperly onerated with liability for impairment resulting from pre-existing coronary artery disease. Liability for benefits resulting from impairment as a consequence of the myocardial infarction is conceded. The dispositive issue at trial was the extent of the plaintiff's partial permanent disability. The Chancellor found that the plaintiff had a 5% permanent partial disability and awarded benef its accordingly. Our review is de novo on the record, accompanied by the presumption that the trial court's judgment is correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). The treating physician, Dr. K.P. Channabasappa, testified that the plaintiff's impairment was 29%, which may be extrapolated to Category II of the AMA Guidelines. He stated in a pre-deposition letter that "it is 29%" and on direct examination testified that the impairment was 29%. There was no countervailing testimony offered. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Ellen Hobbs Lyle, |
Franklin County | Workers Compensation Panel | 05/16/97 | |
| 01C01-9508-CR-00264
01C01-9508-CR-00264
|
Davidson County | Court of Criminal Appeals | 05/16/97 | |
| Vowell Ventures vs. The City of Martin
02A01-9604-CH-00090
Originating Judge:William B. Acree |
Weakley County | Court of Appeals | 05/16/97 | |
| Nancy Olivieri vs. Paul Oliveri
02A01-9512-CV-00282
|
Court of Appeals | 05/16/97 | ||
| State vs. John Childress
02C01-9605-CC-00154
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 05/16/97 | |
| 01C01-9606-CC-00257
01C01-9606-CC-00257
|
DeKalb County | Court of Criminal Appeals | 05/16/97 | |
| State vs. Mario Gutierrez
02C01-9502-CC-00043
|
Hardin County | Court of Criminal Appeals | 05/15/97 | |
| Georgia Keys vs. Memphis Carwash, Inc.
02A01-9605-CV-00113
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/15/97 | |
| Brandy Thatcher, b/n/f vs. Bobby Wyatt, et al
02A01-9605-CH-00114
Originating Judge:George R. Ellis |
Haywood County | Court of Appeals | 05/15/97 | |
| State vs. Johnny Smith
02C01-9602-CR-00061
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/97 | |
| 03C01-9605-CC-00190
03C01-9605-CC-00190
Originating Judge:Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 05/14/97 | |
| Burgess & Carter vs. Mead Johnson
01A01-9609-CV-00436
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 05/14/97 | |
| Gentry vs. Gentry
01A01-9611-CH-00512
Originating Judge:Alex W. Darnell |
Montgomery County | Court of Appeals | 05/14/97 | |
| State vs. Miller
03C01-9608-CR-00300
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 05/14/97 | |
| Estate of Edward P. Russell, Deceased
01A01-9611-PB-00516
Tracy Moore, B/N/F/ Shirley Moore vs. James Prescott, II 02A01-9609-CV-00227 View
Originating Judge:John A. Turnbull |
Court of Appeals | 05/14/97 | ||
| Nance vs. Nance
01A01-9611-CV-00515
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 05/14/97 | |
| Portland Utilities Construction v. Chase Creek
M2002-02886-COA-R3-CV
A utilities contractor sued a subdivision developer for payment for work it performed on the subdivision's infrastructure. The court found that the developer was obligated to honor its contract by paying for work with a value of $313,829. The court also found that the developer was entitled to an offset of $55,955 for damages resulting from defects in the contractor's performance. The developer argues on appeal that the trial court erroneously declined to grant it additional offsets. We affirm the trial court.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 05/14/97 | |
| Bell vs. Carter
03A01-9610-CH-00334
|
Court of Appeals | 05/13/97 | ||
| Savco vs. Century
03A01-9611-CV-00360
|
Court of Appeals | 05/13/97 |