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| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/21/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/21/96 | ||
| State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June 20, 1996),
02C01-9610-CC-00335
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Lake County | Court of Criminal Appeals | 10/21/96 | |
| 03A01-9607-CV-00227
03A01-9607-CV-00227
Originating Judge:Inman |
Court of Appeals | 10/21/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Hamilton County | Court of Appeals | 10/21/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
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Court of Appeals | 10/21/96 | ||
| In April 1989. In The Present Appeal, The Petitioner, Relying In Part Upon State v. Roger
02C01-9610-CC-00333
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Lake County | Court of Criminal Appeals | 10/21/96 | |
| Honorable Hamilton v. Gayden, Jr., Judge
01A01-9605-CV-00201
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 10/18/96 | |
| 03C01-9512-CC-00381
03C01-9512-CC-00381
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Sevier County | Court of Criminal Appeals | 10/18/96 | |
| 01A01-9602-CV-00070
01A01-9602-CV-00070
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 10/18/96 | |
| 01A01-9604-CH-00181
01A01-9604-CH-00181
Originating Judge:Gerald L. Ewell, Sr. |
Coffee County | Court of Appeals | 10/18/96 | |
| 03C01-9506-CR-00169
03C01-9506-CR-00169
Originating Judge:James C. Witt |
Campbell County | Court of Criminal Appeals | 10/18/96 | |
| 01A01-9603-PB-00093
01A01-9603-PB-00093
Originating Judge:James R. Everett |
Davidson County | Court of Appeals | 10/18/96 | |
| State vs. John Wayne Slate
03C01-9511-CC-00352
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Sevier County | Court of Criminal Appeals | 10/18/96 | |
| 01A01-9604-CH-00149
01A01-9604-CH-00149
Originating Judge:Ellen Hobbs Lyle |
Court of Appeals | 10/18/96 | ||
| 01A01-9604-CH-00191
01A01-9604-CH-00191
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/18/96 | |
| State vs. John Wayne Slate
03C01-9511-CC-00352
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Sevier County | Court of Criminal Appeals | 10/18/96 | |
| 01C01-9511-CC-00372
01C01-9511-CC-00372
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Williamson County | Court of Criminal Appeals | 10/17/96 | |
| Shirley Diane Trail v. Royal Insurance Company and Ckr Industries, Inc.,
01SO1-9505-CH-00071
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. Our review is de novo on the record accompanied by the presumption that the findings of fact of the trial court are correct unless the evidence preponderates otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). The trial court awarded Ms. Trail $19,421. permanent partial disability benefits, representing one-hundreed (1) weeks at the benefit rate of $194.21 per week, or twenty-five percent (25%) to the body as a whole; and future medical benefits pursuant to the Tennessee Workers' Compensation Act. The trial court also allowed attorneys fees of twenty percent (2%) of the award, in the amount of $3,884.2, to be paid in a lump sum. The Appellant contends that the trial court erred in: 1. Finding that a vocational disability based upon a permanent medical restriction, with medical testimony of no medical impairment rating in accordance with the A.M.A. Guidelines for Evaluation of Permanent Impairment, constitutes a compensable permanent partial disability under the Workers' Compensation Act. 2. Awarding permanent partial disability benefits to the Plaintiff that were excessive and against the weight of the evidence. We affirm the judgment of the trial court. Ms. Trail filed her complaint in the Chancery Court for Franklin County, Tennessee, against her employer, Defendant CKR Industries, seeking to recover unpaid benefits under the Tennessee Workers' Compensation Act for work-related injuries. Ms. Trail alleged that she suffered injuries as a result of exposure to chemicals in use at the CKR Plant. The case was consolidated with three (3) other cases for trial due to significant similarities in the cases. The opinion of the Court on the first issue is contained in the case of Angela K. Hill v. Royal Insurance Company and CKR Industries, Inc., No. 1S1-955-CH-71, filed simultaneously with this opinion. The Court held that the trial court did not err in finding that a vocational disability existed based upon the testimony of the medical experts that a permanent medical restriction existed which constitutes a permanent partial disability under the Worker's Compensation Act, even though no medical impairment rating was given by any of the
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart |
Franklin County | Workers Compensation Panel | 10/17/96 | |
| 02A01-9508-CV-00175
02A01-9508-CV-00175
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Shelby County | Court of Appeals | 10/17/96 | |
| James v. Ball
02C01-9510-CR-00291
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9602-CC-00066
02C01-9602-CC-00066
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9507-CC-00203
02C01-9507-CC-00203
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Benton County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9601-CR-00038
02C01-9601-CR-00038
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Shelby County | Court of Criminal Appeals | 10/17/96 | |
| Johnny Jobe v. M. K. Ferguson and Second Injury Fund
03S01-9512-CV-00131
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. The issue in this appeal is whether the award of permanent disability benefits is excessive. As discussed below, we have concluded the judgment should be modified. The employee or claimant, Jobe, was 59 years old at the time of the trial. He has a ninth grade education and is a skilled carpenter, capable of reading plans and performing supervisory duties. On May 5, 1993, he fell at work and was slightly injured, but continued to work. On August 24, of the same year, he injured his lower back while lifting a cabinet at work. He was treated by Dr. David Hauge for a herniated lumbar disc from the second injury and a herniated cervical disc, possibly from the earlier injury. Dr. Hauge assigned a permanent impairment rating of seven percent to the whole body. Dr. Berta Bergia, whom the claimant saw for an examination and evaluation, assigned permanent impairment ratings of five percent for the cervical disc and ten percent for the lumbar disc. Dr. Bergia said the claimant should not do more than sedentary work. The claimant has not returned to work. The trial judge awarded permanent partial disability benefits based on thirty percent to the body as a whole for the May 5th injury and one hundred percent for the August 24th injury. Because the combined award totaled one hundred thirty percent, the employer was ordered to pay on the basis of one hundred percent and the remaining thirty percent was assessed against the 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James B. Scott, Jr., |
Knox County | Workers Compensation Panel | 10/17/96 |