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| Thomas Hickman v. Liberty Mutual Insurance Co.
01S01-9606-CV-00117
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 injured his back on April 29, 1994 while repairing a forklift truck for the employer, Richland, Incorporated. The trial judge awarded him 12-1/2 percent permanent partial disability. He appeals, asserting that the amount of disability should not have been based on the medical report of the first treating physician and that the two and one-half multiplier cap in TENN. CODE ANN. _ 5-6-241 should not have been applied under the facts of this case. We affirm the judgment of the trial court. Plaintiff sustained injury to his back on April 29, 1994 while lifting a cylinder head from a forklift truck. Medical records of Dr. Vaughan Allen, designated as Exhibit 1 to the Deposition of Dr. Earl M. Jeffres, indicate that plaintiff was first treated by Dr. Charles D. Haney, who prescribed medications and rest. When plaintiff did not improve, he was referred by the employer to Dr. Allen. In May of 1995 he was sent by his attorney to Dr. Earl M. Jeffres. The plaintiff first raises the issue that: "The trial court erred in basing its decision on the written report of a non-testifying physician [Dr. Allen] and rejecting the testimony of the only medical expert [Dr. Jeffres]." Dr. Allen's treatment records of May 24, 1994 and May 27, 1994 revealed that plaintiff had a loss of range of motion of his low back, muscle spasm and a straight leg raise test that was positive for lumbar injury. X-ray revealed a central disc protrusion. Plaintiff was taken off work and placed on physical therapy for four weeks. On June 28, 1994, plaintiff returned to Dr. Allen, stating that he was "better but not well." He told Dr. Allen that there was "absolutely no light duty and that he works at very heavy machines . . . " In light of this assertion by the patient, Dr. Allen advised him to continue the chronic exercise program and return for a re-check in two months. Allen further opined that "Certainly, if there is light duty he could start 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Hickman County | Workers Compensation Panel | 03/24/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Anderson County | Court of Appeals | 03/24/97 | |
| 01S01-9608-OT-00167
01S01-9608-OT-00167
|
Supreme Court | 03/24/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/24/97 | ||
| 03A01-9610-CH-00327
03A01-9610-CH-00327
|
Knox County | Court of Appeals | 03/24/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/24/97 | ||
| Guy Brewer v. City of Waynesboro
01S01-9607-CV-00150
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 employee appeals from the trial court's dismissal of his complaint for workers' compensation benefits for lack of notice. We affirm the judgment of the trial court. Plaintiff testified that he injured his back on May 6, 1993, while unloading 5- pound bags of chemicals in the course of his employment as water plant operator for the City of Waynesboro. He testified that his back began to hurt that evening and then continued to get worse. He testified that he informed Flora Locker, the city recorder, and Howard Riley, public works director, that he had hurt his back at work within two weeks of his injury. He further testified that Riley provided him with someone to assist him with lifting about two weeks after his May 6, 1993 injury. Flora Locker testified that the plaintiff told her he hurt his back lifting bags of chemicals, but she was uncertain when he told her except that it was before his July 14, 1993 fall. She testified that she did not make a report of it because it was more than ten days after the accident, which was the time limit she had been told for reporting accidents; however, she also testified that he never told her when he had hurt his back. Howard Riley denied ever having received notice from the plaintiff. A co- worker, David Maples, testified that Steve Colley, the city manager, told him about two weeks after May 6, 1993, to make sure that plaintiff did not have to do any lifting at work because plaintiff was having problems with his back. Plaintiff first went to Dr. J.V. Mangubat, a general practitioner and surgeon, for treatment. Dr. Mangubat testified by deposition that plaintiff first complained of pain in his left hip radiating down his left leg in April 1993, which he attributed to arthritis. He saw plaintiff again on May 6, 1993 to remove sutures from a previous in- office excision. Plaintiff did not complain of back or leg pain at the time. Plaintiff returned on June 3, 1993, complaining of pain in both hips radiating down both legs with some 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Jim T. Hamilton, |
Wayne County | Workers Compensation Panel | 03/24/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/21/97 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/21/97 | ||
| 03A01-9608-CH-00266
03A01-9608-CH-00266
|
Greene County | Court of Appeals | 03/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 03/21/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 03/21/97 | ||
| 03A01-9604-CV-00147
03A01-9604-CV-00147
|
Jefferson County | Court of Appeals | 03/21/97 | |
| 01C01-9604-CC-00125
01C01-9604-CC-00125
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9510-CC-00314
03C01-9510-CC-00314
|
Bradley County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9503-CR-00067
03C01-9503-CR-00067
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 03/20/97 | |
| 02A01-9604-CH-00083
02A01-9604-CH-00083
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 03/20/97 | |
| 01C01-9601-PB-00037
01C01-9601-PB-00037
|
Davidson County | Court of Criminal Appeals | 03/20/97 | |
| 02A01-9606-CH-00136
02A01-9606-CH-00136
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 03/20/97 | |
| 01C01-9604-CC-00133
01C01-9604-CC-00133
|
Williamson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9506-CR-00211
01C01-9506-CR-00211
|
Davidson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9604-CR-00130
01C01-9604-CR-00130
|
Davidson County | Court of Criminal Appeals | 03/20/97 | |
| 01C01-9601-CC-00036
01C01-9601-CC-00036
|
Rutherford County | Court of Criminal Appeals | 03/20/97 | |
| 03C01-9510-CR-00317
03C01-9510-CR-00317
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 03/20/97 | |
| 02A01-9604-CH-00083
02A01-9604-CH-00083
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 03/20/97 |