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| Eugene L. Tindell v. Travelers Insurance Company
E2000-01488-WC-R3-CV
The trial judge found the plaintiff had failed to show he had suffered a compensable injury and dismissed the petition.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Richard R. Vance, Judge |
Knox County | Workers Compensation Panel | 09/18/01 | |
| Elvis Wayne Ivey v. Long Hollow Leasing, Inc.,
M2000-02112-WC-R3-CV
In this appeal, the defendant-employer contends the trial court abused its discretion by (1) awarding the plaintiff-employee a default judgment after the defendant failed to obey an order compelling discovery, and by (2) denying its motion for a new trial. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr. Sp. J.
Originating Judge:J. O. Bond, Judge |
Wayne County | Workers Compensation Panel | 09/17/01 | |
| SUSAn Mason v. Old Time Pottery, Inc.,
M2000-00226-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff, Ms. Susan Mason, appeals the judgment of the trial court dismissing the case at the conclusion of trial after finding that Ms. Mason did not sustain a compensable workers' compensation injury because did not carry her burden of proof that the fall she had while working for the defendant, Old Time Pottery, aggravated her pre-existing condition and/ or caused her to have back surgery. The trial court also ruled that had it found that this had been a work-related injury it would have awarded Ms. Mason a 35% permanent partial disability to the body as a whole. For the reasons set out in this opinion, We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (2); Judgment of the Chancery Court Affirmed CAROL CATALANO, SP.J.,, in which ADOLPHO A. BIRCH, JR., J., and JAMES WEATHERFORD, SR. J., joined. Luther E. Cantrell, Jr., Nashville, Tennessee, for the appellant, Susan Mason. Robert R. Davies, Nashville, Tennessee, for the appellee, Old Time Pottery. E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for the appellee, James Farmer, Director of the Division of Workers' Compensation, Tennessee Department of Labor, Second Injury Fund. OPINION Ms. Mason was 39 years old at the time of her slip and fall accident, which occurred on November 11, 1997, while working for the defendant, Old Time Pottery, Inc. Ms. Mason has an eleventh (11th) grade education. In the past, she has owned and operated an antique business; and worked as a cake decorator and floral designer. She had lived in Virginia all her life until moving to Murfreesboro, Tennessee, in June of 1997. Ms. Mason suffered from depression and had attempted suicide three different times before moving to Tennessee. She also had a 17 year history of back pain and right hip and leg pain. While in Virginia, she was under the treatment of an orthopedic surgeon and had applied for Social Security Disability benefits in November of 1996. On June 3, 1997, Ms. Mason went to work for the defendant as a floral designer. She also worked part time at another flower shop. On September 16, 1997, she saw orthopedic surgeon, Dr. Thomas O'Brien, where she reported a long his tory of ineffective treatments for back pain. She reported taking Lortab and Motrin for back and leg pain, and Prozac and Xanax for depression and anxiety. On September 23, 1997, Dr. O'Brien, after reviewing Ms. Mason's MRI, diagnosed "decreased disc signal consistent with degenerative disc disease at L4-5 and L5-S1 with bulges that were present at both levels." According to Dr. O'Brien's records on that date: I had a lengthy discussion with Ms. Mason regarding her treatment options and the fact that she had exhausted non-operative treatment measures. She has had symptoms now for 16 years and they have steadily been more progressive since she moved to Tennessee from Virginia. In the past she has been treated with physical therapy, multiple injections, and narcotic medications. Ms. Mason's treatment options would involve a decompression posterior lumbar interbody fusion with BAK or Ray cages. Becauseshe just started a job three months ago, we will plan on doing this at the end of the year. Dr. O'Brien scheduled a follow-up appointment in two months at which time the surgery would be scheduled. Ms. Mason maintained that in her discussions with Dr. O'Brien there was not anything definite done as far as making plans for future surgeryor any in depth discussions regarding the type of procedure to be performed. Ms. Mason also sought treatment for depression at The Guidance Center in Murfreesboro which was under the direction of Dr. Libby McCauley, a psychiatrist. On September 29, 1997, she met with therapist Mr. Bart Andrews whose report indicates that Ms. Mason "report[ed] chronic back pain that is making going to work on a daily basis quite difficult and is due to have major surgery as soon as her probation period is complete at her job." Ms. Mason testified that she may have discussed this with her therapist but did not tell him that she had back surgery scheduled and did not know why her therapist had charted this in her history. -2-
Authoring Judge: Carol Catalano, Sp.J.,
Originating Judge:Don R. Ash, Chancellor |
Rutherford County | Workers Compensation Panel | 09/13/01 | |
| Bobbie Woods v. Maytag Jackson Dishwashing Products
W2000-02212-SC-WCM-CV
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. In this appeal, the employer contends the evidence preponderates against the trial court's finding that the employee's claim for disability resulting from left carpal tunnel syndrome is not time-barred. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 09/10/01 | |
| Jessie M. Frederick v. Bowevil Express, Inc.,
W2000-02231-WC-R3-CV
In this appeal, the employer insists the award of permanent partial disability benefits based on 25 percent to the left arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:Joe C. Morris, Chancellor |
Chester County | Workers Compensation Panel | 09/06/01 | |
| Christopher Alan Mcnew v. Knox County, Ex Rel: Sheriff's
E2000-01319-WC-R3-CV
The complaint alleged that the plaintiff sustained job-related injuries on or about July 4, 1998 within the scope of his employment. The answer denied occurrence or notice of an accidental injury. The plaintiff had an unusual history of injuries to his right knee. The trial judge ruled that the medical evidence was lacking as to the July 1998 injury and dismissed the case.
Authoring Judge: William H. Inman, Sr. J.
Originating Judge:Daryl R. Fansler, Chancellor |
Knox County | Workers Compensation Panel | 09/06/01 | |
| Vadalene Brewer v. Michael Dunn Center
E2000-01298-WC-R3-CV
The trial court found the plaintiff had sustained an injury to her left shoulder in the course and scope of her employment that resulted in 54 percent permanent partial disability. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Frank V. Williams, III, Chancellor |
Knox County | Workers Compensation Panel | 09/06/01 | |
| Glen Williamson v. Sentry Insurance Company,
E2000-01639-WC-R3-CV
The trial judge found the plaintiff sustained a 44 percent permanent disability to the body as a whole. Further, the trial court awarded the plaintiff temporary disability benefits from February 16, 1994, until January 5, 1996. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Billy Joe While, Chancellor |
Williamson County | Workers Compensation Panel | 09/06/01 | |
| Lori Ann Prosser v. Bedford County Board of Education
M2000-02424-WC-R3-CV
This workers' compensation appeal has been referred to theSpecial 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. In this appeal, the employer, Bedford County Board of Education, insists (1) the trial court erred in finding the employee provided the employer with proper notice of her injury, (2) the award of permanent partial disability benefits based on 42 percent to the body as a whole is excessive, (3) the trial court erred in awarding temporary total disability benefits for the period of April 4, 1996 through September 4, 1998, for a total of 129 weeks, (4) the trial court erred in ordering the employer to be responsible for the bills of non-approved physicians, and (5) the trial court erred in ordering the employer to reimburse the carriers who already partially paid the medical bills, even though they were not parties to the case. As discussed below, the panel has concluded the award of medical benefits to non- parties should be vacated, the award of temporary total disability benefits modified and the judgment otherwise affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Vacated in part; Modified in part; Affirmed in part; Remanded. JOE C. LOSER, JR., SP. J., in which ADOLPHO A. BIRCH, JR., J., and JAMES WEATHERFORD, SR. J., joined. Kent E. Krause and Gordon C. Aulgur, Nashville, Tennessee, for the appellant, Bedford County Board of Education. Andrew C. Rambo, Shelbyville, Tennessee, for the appellee, Lori Ann Prosser. MEMORANDUM OPINION The employee or claimant, Lori Ann Prosser, worked for the employer as a school bus driver. On March 14, 1996, she ran her early morning route and had parked her bus at Central High School to drive students on a field trip. She conducted a pre-trip inspection, which included cleaning out the bus and checking the oil, then went outside to have coffee with her co- workers. When she bent over to set her coffee down, she felt immediate pain starting in her back and going down her right leg. She drove her bus on the field trip without notifying the employer of her injury. After the field trip, she called her supervisor, Tim Fleming, and, according to her testimony, told him she hurt her back while preparing for the field trip and needed to see a doctor. Fleming remembered having the conversation, but testified that the claimant never told him that she had a job related injury. The trial judge believed the claimant. After continuing to work for two more weeks, then again contacting Fleming, the claimant reported to a Murfreesboro emergencyroom and was referred to Dr. Robert Weiss. An MRI, ordered by Dr. Weiss, revealed disc herniations at L4-5 and L5-S1. Dr. Weiss performed corrective surgery on April 24, 1996. A second surgical procedure was performed five days later. When the employer failed to provide medical care and the claimant's disabling pain was not relieved, the claimant sought out Dr. Robert McCombs on October 28, 1996. Dr. McCombs performed a third surgical procedure on April 1, 1997 and provided follow-up care until December 1, 1997, when, the doctor reported, the claimant reached maximum medical improvement. His final diagnosis was chronic lumbar radiculopathy and he estimated her permanent impairment at 13 percent to the whole body. Dr. McCombs also restricted her from lifting more than 2 pounds at all or more than 5 pounds repetitively and from prolonged bending, twisting or stooping. When the claimant continued to have back problems and an MRI scan revealed a recurrent disc herniation at L5-S1, a fourth surgery was performed on September 24, 1998. She reached maximum medical improvement from that surgery on February3, 1999 and Dr. McCombs estimated her permanent impairment at 14 percent to the whole body. The claimant continues to take medication and is severely limited in her activities, including driving. She has not returned to work. The record contains conflicting lay proof. Her husband and a friend support the claimant's testimony, but two other bus drivers testified that the claimant did not appear to be injured on the date of the accident. Upon the above summarized evidence, the trial court awarded temporary total disability benefits from April 4, 1996 through September 24, 1998, ordered the employer to pay the bills of the named physicians and to reimburse any non-party health insurance carrier that had paid the bills in part, without naming the carrier or the amount of the award, and awarded permanent partial disability benefits based on 42 percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225 (e) (2). This tribunal is not bound by the trial court's findings but instead conducts an independent examination of the -2-
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:F. Lee Russell, Judge |
Bedford County | Workers Compensation Panel | 09/04/01 | |
| Maggie Jean Hicks v. Kroger Food Stores, Inc.,
E2000-01449-WC-R3-CV
The plaintiff filed a petition under Tennessee Code Annotated _ 5-6-241(a)(2) for reconsideration of her previous workers' compensation award, which was awarded to her by an order dated March 25, 1999 and which limited her to an award of seventeen percent based upon the two and one-half times the medical impairment rating she sustained as a result of an injury on December 12, 1996, because she returned to work at a rate of pay equal to or greater than what she received prior to the injury. The trial judge found the plaintiff could properly file for reconsideration and increased the amount of the plaintiff recovery from seventeen percent permanent partial vocational disability to forty percent partial vocational disability. We reverse the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:James B. Scott, Jr., Judge |
Knox County | Workers Compensation Panel | 09/03/01 | |
| George R. Lee v. T.I.G. Insurance,
E2000-02726-WC-R3-CV
The trial court based its findings on both the lay and expert testimony_notably the fact that the employee had been performing his job for seventeen or eighteen years and as a result of the incident was unable to continue in his position because of his age. The trial court also noted the plaintiff's "obvious limitations as to education and intellectual ability" as well as the vocational disability experts opinions that the plaintiff's occupational loss was between 45 and 8%. The evidence does not preponderate against the trial court's findings in this regard. The judgment of the trial court is affirmed.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Harold Wimberly, Chancellor |
Knox County | Workers Compensation Panel | 09/03/01 | |
| Of The Evidence Is Otherwise. T
E1997-00276-WC-R3-CV
The trial court found the plaintiff sustained a 4 percent vocational disability to the body as a whole as a result of exposure to formaldehyde which caused permanent respiratory injury. The trial judge found the plaintiff failed to show by a preponderance of the evidence that he sustained any psychiatric injury as a result of the accident. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Billy J. White, Chancellor |
Knox County | Workers Compensation Panel | 08/27/01 | |
| Ronald Scott Revis v. Roane County, Tennessee,
E2000-01709-WC-R3-CV
The trial court dismissed the complaint finding the injury did not arise out of and in the course of employment. On appeal it was determined the injury arose out of employment but did not occur in the course of employment. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:Russell E. Simmons, Jr., Circuit Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| United States Pipe & Foundry Company v. Steven L. Camp
E2000-01198-WC-R3-CV
The trial court found the employee had sustained a temporary injury to his back and awarded medical benefits to treat his symptoms. On appeal the employee insists his injury was of a permanent nature. Judgment of the trial court is affirmed.
Authoring Judge: Thayer, Sp. J.
Originating Judge:L. Marie Williams, Circuit Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| Ryder Driver Leasing, Inc. v. Wilson
E2000-00905-WC-R3-CV
The trial court found the plaintiff had a compensable psychiatric injury. We affirm the findings of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Dale Workman, Circuit Court Judge |
Knox County | Workers Compensation Panel | 08/27/01 | |
| James Fristoe v. Citizens Utilities Company,
M2000-01736-WC-R3-CV
The defendants appeal the judgment of the trial court awarding the employee, a telephone lineman, 95% vocational disability for injuries he sustained falling off a telephone pole. The defendants assert that the trial court erred in determining Mr. Fristoe's vocational disability rating by failing to give appropriate consideration to the findings of the treating physician in this case. For the reasons set out in this opinion, We affirm the judgment of the trial court.
Authoring Judge: James L. Weatherford, Sr.J.,
Originating Judge:John A. Turnbull, Judge |
Putnam County | Workers Compensation Panel | 08/27/01 | |
| Ronnie Wayne Inman v. Emerson Electric Co.
W1999-02245-WC-R3-CV
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 of findings of fact and conclusions of law. The trial court found the plaintiff sustained a twenty-five percent permanent partial disability to the body as a whole. The defendant disputes the finding. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed. DON R. ASH, SP. J., in which JANICE M. HOLDER, J., and JOHN K. BYERS, SP. J., joined. P. Allen Phillips and Jennifer K. Craig, Jackson, Tennessee, for the appellant, Emerson Electric Co. John C. Nowell, Jr., Trenton, Tennessee, for the appellee, Ronnie Wayne Inman. MEMORANDUM OPINION History Plaintiff, Ronnie Wayne Inman, filed a Complaint for workers' compensation benefits on April 25, 1997. The trial was heard on August 17, 1999. At the conclusion of the proof the trial court awarded plaintiff 25% permanent partial disability to the body as a whole. Defendant, Emerson Electric Co., appeals the decision of the trial court. For the reasons discussed below, we affirm. Facts On or around May 18, 1996, plaintiff was struck on the back, buttocks and right arm by hot aluminum, which shot from a machine at defendant's plant. The plaintiff was taken to the emergency room at Humboldt General Hospital. His wounds were dressed and treated and he was sent home with oral medication. Theplaintiffreturnedto work thenext day, but was unable to work. Later in the week, plaintiff was transferred to a cooler part of the plant. At his new job the plaintiff had no trouble keeping up with his production quota. Moreover, other than doctor appointments, the plaintiff did not miss work before the trial. Dr. William Hickerson, a plastic surgeon, first examined the plaintiff on February 4, 1997 for scar tissue on his back. At the examination, the plaintiff complained of occasional shooting pain in the area of the scar tissue. Dr. Hickerson diagnosed scar tissue and recommended a re- moisturizing agent. Upon re-examination, Inman was found to have little change to his condition. Dr. Hickerson opined the scar tissue was not such that it would be rated under the AMA Guidelines. He did not place any restrictions based upon the scarring of the skin. Next, Dr. Hickerson recommended that Dr. Cobb, an orthopedic surgeon, examine the plaintiff. Dr. Cobb noted that the problems might be musculoskeletal in nature. He also found the plaintiff had more tenderness with deeper palpation and there could be a mild lumbar strain. Dr. Cobb opined there was no sign of permanent impairment from an orthopedic standpoint and there were no restrictions from an orthopedic standpoint. Next, Dr. Goshorn, a plastic surgeon, examined the plaintiff. Dr. Goshorn's opinion was presented to the trial court through a letter marked as an exhibit to Dr. Schnapp's deposition. Dr. Goshorn opined that the plaintiff had chronic pain secondary to a deep thermal injury. He further stated that the plaintiff had no functional impairment to the area, although he had impairment secondary to pain. Next, Dr. Schnapp, a physician who specializes in pain management, examined the plaintiff. Upon his examination plaintiff described an aching and throbbing pain, which was sensitive, particularly when he was hot and perspired. Dr. Schnapp opined that a significant portion of the plaintiff's pain was mechanical pain related to bones, joints, and ligaments. Further, he did not believe that the plaintiff should be following any restrictions due to the burn injury and that his primary pain was deeper and unrelated to the burn. Finally, Dr. DeMere examined the plaintiff and diagnosed healed scars of arms and back. Dr. DeMere was unable to find any other injury apart from the skin damage. He opined a 1% permanent partial impairment rating to the body as a whole. However, he stated that the AMA Guidelines were not particularly helpful in arriving at the impairment rating. -2-
Authoring Judge: Don R. Ash, Sp. J.
Originating Judge:George R. Ellis, Chancellor |
Wayne County | Workers Compensation Panel | 08/20/01 | |
| Bridgestone/Firestone, Inc. v. Phillip Goins
M2000-01379-WC-R3-CV
In this case, the employer contends the trial court erred in (1) finding that the gradual aggravation of a claimant's pre-existing arthritic condition over the course of twenty-one years is a compensable accident under the Workers' Compensation Act and (2) assessing a 75% vocational disability for an injury not wholly attributable to employment. As discussed below, the panel has concluded that the judgment of the trial court should be affirmed on both issues.
Authoring Judge: Ben H.Cantrell, Sp. J.
Originating Judge:Walter C. Kurtz, Judge |
Davidson County | Workers Compensation Panel | 08/20/01 | |
| James Morris v. Zurich American Ins. Co., et al.
M2000-02090-WC-R3-CV
The issues on appeal are (1) whether the trial court erred in determining that the employee suffered a compensable work-related shoulder injury, and (2) whether the vocational disability ratings as awarded were excessive. The panel has concluded that the judgment of the trial court should be affirmed.
Authoring Judge: Frank G. Clement, Jr., Sp.J.
Originating Judge:Hon. J. O. Bond, Judge |
Macon County | Workers Compensation Panel | 08/20/01 | |
| Willis Lee Melton v. Butch Bowman , d/b/a Bowman's
M2000-02960-WC-R3-CV
The issue on appeal presented by employer/appellant is whether the trial court abused its discretion in refusing to grant the appellant's motion pursuant to Rule 6.2(1)(5) of the Tenn. R. Civ. P. The panel has concluded that the judgment of the trial court should be reversed because the notice requirement of due process was not satisfied.
Authoring Judge: Frank G. Clement, Jr., Sp.J.
Originating Judge:Hon. John J. Maddux Jr., Judge |
Overton County | Workers Compensation Panel | 08/20/01 | |
| Wayne Wood, Meadowbrook Insurance & Association Self Insurance Services, Inc. v. Sammy Benson
M2001-00107-WC-R3-CV
The issue on appeal is whether the trial court erroneously granted a partial lump sum commutation of permanent total disability benefits. This panel has concluded that the judgment of the trial court should be affirmed as modified.
Authoring Judge: Frank G. Clement, Jr., Sp.J.
Originating Judge:Jeffrey S. Bivins, Judge |
Wayne County | Workers Compensation Panel | 08/20/01 | |
| Sonnie Gail Phillips Wood v. Porter Cable Corporation,
W2000-01771-WC-R3-CV
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) (2) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Defendant/Appellant Van De Kamp's, Inc., and Defendant/Appellee Porter Cable Corporation, appeal the judgment of the Chancery Court of Madison County awarding Plaintiff/ Appellee, Sonnie Gail (Phillips) Wood, thirty percent (3%) permanent partial disability to the right arm and twenty percent (2%) to the left arm. Van De Kamp's, Inc. raises three additional appellate issues: (1) Whether the trial court erred in finding that the "Last Injurious Exposure Rule" applied to the facts in this case; (2) Whether the trial court erred in granting Porter Cable Corporation a directed verdict at the close of Plaintiff's proof; and (3) Whether Porter Cable Corporation's inaction when given notice of Plaintiff's injury estops them from denying liability. Defendant Porter Cable raises three additional appellate questions: (1) Whether the trial court erred in applying the "Last Injurious Exposure Rule"; (2) Whether it was harmless error for the trial court to grant Porter Cable Corporation a directed verdict; and (3) Whether equity was achieved when Plaintiff's injury worsened at Van De Kamp's. From our review of the record, we affirm the trial court's judgment as modified. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed as Modified. L. TERRY LAFFERTY, SR. J., in which JANICE M. HOLDER, J., and JOE C. LOSER, SP. J., joined. Jeffrey P. Boyd, Jackson, Tennessee, for Defendant/Appellant, Van De Kamp's; and Michael V. Tichenor, Memphis, Tennessee, for Defendant/Appellee, Porter Cable Corporation. Art D. Wells, Jackson, Tennessee, for the Plaintiff/Appellee, Sonnie Gail Phillips Wood. MEMORANDUM OPINION Sonnie Gail Phillips Wood, age 32, a self-employed residential cleaner, testified that at the time of her employment with Porter Cable Corporation ("Porter Cable"), her name was Sonnie Phillips, but she is now married. Plaintiff did not complete the eighth grade, with no further educational attempts. Plaintiff began working for Porter Cable in August 1996 as an assembler and pain commenced in her hands in August 1997. Plaintiff worked both the router line and belt sand line, which required the continuous and repetitive use of her hands with a power screwdriver. When her hands began to "swell like a balloon," she notified Walter Longmire, a shift manager, about her condition. Longmire suggested that she "suck it up." Plaintiff's pain continued and radiated into her shoulders. She told the plant nurse, Connie Leaper, who suggested that it might be tendinitis and that she should take Ibuprofen and use splints. On her own, Plaintiff saw Dr. Timothy Hayden, who suggested that her problems could be from her work. Dr. Hayden referred her to Dr. Keith Nord. Dr. Nord recommended that she wear braces at night and at work, but they did not help. In April 1998, Dr. Nord advised her that she had carpal tunnel syndrome and recommended that she take off work at Porter Cable. In September 1998, Plaintiff decided to leave employment at Porter Cable due to certain problems, her hands were painful and that if she continued to work, her hands might become permanently damaged. Between September and November of 1998, Plaintiff worked for International Paper Company for a very short time. She began working for Van De Kamp's Inc. ("Van De Kamp's") in early November 1998. Plaintiff began working the pancake and waffle line, in which the pancakes and waffles came down a line bunched up, so she had to pick them up and stack them four at a time and put them in bins for packing. Plaintiff worked a twelve-hour shift. On the very first day, Plaintiff felt intense pain but did not tell anybody for about a month because she was new on the job. In December 1998, Plaintiff reported her injury to her employer and was provided a panel of three physicians. Since Dr. Nord was on the list, she returned to see Dr. Nord and he placed her on light duty, but Van De Kamp's did not honor her restrictions and put her back on the waffle line. Since her hands became worse and she could not do the job, she left Van De Kamp's in December 1998. Plaintiff worked at various jobs until she started her own residential cleaning service. As to her daily routine, Plaintiff testified that she has some problems with vacuuming, and house cleaning. She has difficulty in brushing her seven year old daughter's hair and cannot lift her weights since her wrists are weak. Plaintiff conceded that she did not have surgery for her wrist and/or hand problems. Mr. Jason Wood, Plaintiff's husband of one and one-half years, testified that he met Plaintiff while they worked at International Paper in October 1998. He stated that his wife cannot lift a cast iron skillet or heavy pots, and in the mornings he must help her daughter get ready for school. Plaintiff cannot do weeding in the garden or twist off tops of jars and bottles. Mr. Wood did not know Plaintiff when she worked at Porter Cable and is not familiar with her problems at that plant. He stated that when they dated in October 1998, she had no problems with her hands and he never helped her to open jars. -2-
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 08/20/01 | |
| Donnie Sartain v. Eldeco, Inc., et al
M2000-02634-WC-R3-CV
In this case, the employer contends the trial court erred in awarding permanent partial disability in the amount of 75% to the body as a whole and in allowing vocational expert testimony amounting to a legal conclusion. As discussed herein, the panel has concluded that the judgment of the trial court should be affirmed.
Authoring Judge: Ben H. Cantrell, Sp. J.
Originating Judge:Jeffrey F. Stewart, Chancellor |
Franklin County | Workers Compensation Panel | 08/20/01 | |
| Bobby Smith v. Findlay Industries, Inc., et al
M2000-02327-WC-R3-CV
The employer/appellant contends the trial court erred in 1) awarding 1% permanent partial disability to the right upper extremity, and 2) computing the employee's average weekly wage and benefit rate. As discussed herein, the panel has concluded that the judgment awarding 1% permanent partial disability to the right upper extremity should be affirmed, and that the determination of the average weekly wage and benefit rate is incorrect and should therefore be remanded to the trial court.
Authoring Judge: Frank G. Clement, Jr., Sp. J.
Originating Judge:Charles D. Haston, Chancellor |
Smith County | Workers Compensation Panel | 08/20/01 | |
| Denny Cain v. Whirlpool Corporation,
M2000-01688-WC-R3-CV
In this appeal, the employer insists (1) the trial court erred in admitting into evidence the testimony of a chiropractor in an action involving a shoulder injury, (2) the award of permanent partial disability benefits is excessive and (3) the trial court erred in awarding as discretionary costs expenses for the taking of the chiropractor's deposition. As discussed below, the judgment is modified by reducing the award of permanent partial disability benefits to one equal to two and one-half times the clinical impairment rating, but otherwise affirmed.
Authoring Judge: Joe C. Loser, Jr., Sp. J.
Originating Judge:J. O. Bond, Judge |
Wilson County | Workers Compensation Panel | 08/03/01 |