WORKERS COMPENSATION PANEL OPINIONS
| William David Holden v. Peterbilt Motors Company M2000-00484-WC-R3-CV Authoring Judge: Joe C. Loser, Jr., Sp. J. Trial Court Judge: C. K. Smith, Chancellor 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 contends the evidence preponderates against the trial court's finding that the employee's carpal tunnel syndrome was work related and that the award of permanent partial disability benefits based on 5 percent to the arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, J., and JOHN K. BYERS, SR.. J., joined. Patrick A. Ruth, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the appellant, Peterbilt Motors Company. William E. Farmer, Lebanon, Tennessee, for the appellee, William David Holden. MEMORANDUM OPINION The employee or claimant, Holden, is 48 with a high school education and one year of college with experience as a welder and in construction trades. He began working at Peterbilt in August 1983. On July 1, 1997, while using a pry bar to slide a truck on the line, his hand slipped and he hit his left hand against the truck. He felt immediate pain and numbness in the hand and arm. He chose Dr. John McInnis from a list of three provided by the employer. Dr. McInnis x-rayed and splinted the hand and returned the employee to one handed work, after diagnosing a fractured fifth metacarpal. The employee returned to work after an uneventful recovery, but has been unable to make production expectations, for which he was reprimanded, because of pain and numbness in the injured hand and arm. His testimony as to the effect of his injury on his ability to work is supported by the testimony of co-workers and by the testimony of Mrs. Holden. On November 5, 1998, he saw Dr. Richard Fishbein with complaints of pain in the injured hand. Dr. Fishbein attributed a 3 percent permanent impairment to the hand and an additional 5 percent to the left arm for carpal tunnel syndrome caused by the July 1, 1997 injury. Dr. McInnis testified that trauma could cause carpal tunnel syndrome, but estimated the employee's permanent impairment at 1 percent to the left hand only. Upon the above summarized evidence, the trial court found that both injuries, the fractured hand and the carpal tunnel syndrome, were work related and awarded permanent partial disability benefits based on 5 percent to the left arm. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The panel is not bound by the trial court's findings but conducts an independent examination of the evidence to determine where the preponderance of the evidence lies. |
Wilson County | Workers Compensation Panel | ||
| Allen Seratt v. Neo Products Corporation, W1999-01246-WC-R3-CV Authoring Judge: Henry D. Bell, Special Judge Trial Court Judge: Hon. Joe C. Morris, Chancellor The defendants Neo Products Corporation and State Auto Insurance Company appeal the judgment of the Chancery Court of Chester County awarding plaintiff permanent partial disability of ten (1%) percent to the body as a whole. For the reasons stated in the opinion we affirm the judgment. |
Chester County | Workers Compensation Panel | ||
| Bonnie Elliott v. The Blakeford At Green Hills M2000-00512-WC-R3-CV Authoring Judge: Weatherford, Sr. J. Trial Court Judge: Russ Heldman, Chancellor 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 defendant, The Blakeford at Green Hills Corporation appeals the judgment of the Chancery Court of Williamson County where the trial court found: 1) the plaintiff, Mrs. Bonnie Elliott suffered a compensable work-related injury when she ruptured three extensor tendons in her left hand while working for the defendant; 2) Mrs. Elliott entitled to temporary total disability benefits for 32 weeks, and permanent partial disability benefits for 15 weeks based on a seven percent (7%) permanent anatomical impairment and twenty-eight percent (28%) vocational disability; 3) the defendant failed or refused to offer or provide medical attention to Mrs. Elliott in violation of Tennessee Code Annotated _ 5-6-24 entitling her to a judgment of $711.36 for reimbursement of medical and insurance premium expenses; and 4) the defendant wrongfully and in bad faith failed to pay Mrs. Elliott's claim for temporary total disability payments entitling her to an additional judgment of $711.36. For the reasons discussed in this opinion we find that the judgment of the trial court should be affirmed as modified. |
Lake County | Workers Compensation Panel | ||
| Union Bank & Trust Company v. Kirby Boles v. Tn Dept of Labor M2000-01366-WC-R3-CV Authoring Judge: Tom E. Gray, Sp.J. Trial Court Judge: Vernon Neal, Chancellor 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 Second Injury Fund appeals claiming a setoff/credit for the amount of temporary total disability benefits paid to the employee by the employer and a setoff/credit for social security contribution made by the employer. For reason stated the judgment of the trial court is affirmed, and this case is remanded Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is affirmed. TOM E. GRAY, SP.J., in which FRANK F. DROWOTA, III, J. and JOHN K. BYERS, SR. J., joined. Paul G. Summers, Attorney General and Reporter, and E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee for the Appellant, James Farmer, Director of the Tennessee Division of Worker's Compensation Second Injury Fund. Kelly R. Williams, Livingston, Tennessee for the Appellee, Kirby Boles. MEMORANDUM OPINION The trial court found that Kirby Boles, employee, was entitled to an award of 1% permanent and total disability to the body as a whole under Tennessee Code Annotated 5-6- 27(4)(A)(i) and apportioned disability of 47% to the employer, Union Bank and Trust Company, and 53% to the Second Injury Fund. Finding that the employee was more than 6 years of age at the time of the work related accident 26 weeks of permanent total disability were awarded in addition to all temporary total disability benefits paid. Employee Boles was found to be currently receiving social security disability benefits by the Court, and he was ordered to inform the Second Injury Fund within thirty (3) days of receiving any social security old age insurance benefits. The attorney representing Mr. Boles was granted a fee of $7,3.28 which amounted to 2% of the 26 week award, and the trial court commuted to a lump sum 1 weeks of benefits. BACKGROUND Kirby E. Boles was born on the 6th day of May, 1935. On the 9th day of March, 1996 while in the course and scope of his employment with Union Bank and Trust Company he was involved in an automobile accident. Union Bank and Trust Company commenced this action by filing a complaint in the Chancery Court for Overton County, Tennessee at Livingston to have the Court determine therights and responsibilities of the parties, Union Bank, plaintiff, and Kirby Boles, defendant, according to the Workers' Compensation Law, State of Tennessee. Kirby Boles filed an answer and counter- complaint. Thirteen months after the action was commenced Union Bank and Trust Company moved the Court to add the Tennessee Department of Labor, Second Injury Fund as a Third-Party Defendant. In support of the motion, movant attached a copy of an order entered in the Circuit Court for Overton County, Tennessee on the 1th day of February, 1995 whereby Kirby E. Boles was found to have suffered a 28% permanent partial impairment to the body as a whole as a result of an accident to his left shoulder arising out of and in the course and scope of his employment at First Baptist Church, Livingston. The motion was granted, and the Second Injury Fund became a party. No party presented testimony at trial but stipulated as follows: 1. Mr. Boles sustained a compensible injury to the body as a whole on March 9, 1996 as aresult of an automobile accident arising out of and in the course and scope of his employment; 2. Mr. Boles was over the age of 6 at the time of the accident; 3. Mr. Boles was permanently and totally disabled as a result of the injury on March 9, 1996; 4. The proper weekly compensation rate of Mr. Boles is $14.39 per week. -2- |
Union County | Workers Compensation Panel | ||
| Bridgestone/Firestone, Inc. v. Fernando Gonzales M1999-02037-WC-R3-CV Authoring Judge: Weatherford, Sr. J. Trial Court Judge: Charles D. Haston, Chancellor The defendant/counter-plaintiff, Fernando Gonzales appeals the judgment of the Chancery Court of Warren County, where the trial court found that Mr. Gonzales retained a five percent (5%) permanent vocational disability to his right and left upper extremities for his work- related bilateral carpal tunnel syndrome. For the reasons stated in this opinion, we modify the judgment of the trial court and award Mr. Gonzales a twenty percent (2%) permanent vocational disability. |
Warren County | Workers Compensation Panel | ||
| Marie Moyers, v. Kemper Insurance Companies, et al. E2000-01729-WC-R3-CV Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Ben Hooper, II, Circuit Judge The trial court found the plaintiff's husband suffered a fatal heart attack arising out of his employment with the defendant and entered judgment accordingly. The trial court found the heart attack was caused by emotional stress rather than physical exertion. The defendant asserts the evidence preponderates against the finding of the trial court. We find the evidence does not support the judgment of the trial court. We, therefore, reverse the judgment of the trial court and dismiss this case. |
Knox County | Workers Compensation Panel | ||
| Boyd Adams v. Galaxy Logistics, M2000-01552-WC-R3-CV Authoring Judge: Joe C. Loser, Jr., Sp. J. Trial Court Judge: James E. Walton, Judge In this appeal, the employer insists (1) the trial court erred in finding that the worker's injury to his left leg was caused by a work-related injury to the right leg, (2) that the award of permanent partial disability benefits based on 8 percent to both legs is excessive, and (3) the trial court erred in commuting the award to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed. |
Robertson County | Workers Compensation Panel | ||
| Shirley Alexander v. Bridgestone/Firestone, Inc. M2000-00632-WC-R3-CV Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Robert E. Corlew, III, Chancellor The plaintiff filed two suits against the plaintiff. One of the suits was for an alleged injury to or aggravation of a pre-existing injury to her right leg. The case was assigned the trial court number of 98-WC-1614. The other suit, filed on the same day was for an alleged injury to the plaintiff's left knee or leg and was assigned number 98-WC-1615. The cases were consolidated for trial and are consolidated for the appeal. The trial judge found the plaintiff did not show any injury to her right knee or leg or any compensable aggravation thereof. The trial judge found the plaintiff had sustained a compensable injury to her left knee and awarded her seventy percent permanent partial disability for the injury. We affirm the judgment of the trial court. |
Rutherford County | Workers Compensation Panel | ||
| James R. Davidson v. Montgomery County M1999-02066-WC-R3-CV Authoring Judge: Lee Russell, Sp. J. Trial Court Judge: Robert Wedemeyer, Circuit Court Judge The Appellant appeals from the dismissal of his claim and seeks an award for permanent partial disability benefits, temporary total disability benefits, and specified medical expenses. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the dismissal of the claim by the trial court. |
Davidson County | Workers Compensation Panel | ||
| Joe W. Dillard v. Textron Aerostructures, A Division of Avco M2000-01558-WC-R3-CV Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Ellen Hobbs Lyle, Chancellor The trial court found the plaintiff sustained a 75 percent permanent partial vocational disability to the body as a whole. The defendant says the record does not support the finding that the plaintiff experienced a permanent anatomical change or a permanent aggravation of his pre-existing condition as a result of an incident on October 18, 1995, and January 2, 1996. The defendant also says the award, if any, should be limited to two and one-half times the medical impairment rating. We affirm the judgment of the trial court. |
Davidson County | Workers Compensation Panel | ||
| Michelle Estes v. Toshiba America Consumer Products, M2000-00546-WC-R3-CV Authoring Judge: Weatherford, Sr. J. Trial Court Judge: J. O. Bond, Judge The defendants, Toshiba America Consumer Products, Inc. and Travelers Insurance Co. appeal the judgment of the Criminal Court of Wilson County, where the trial court found: (1) the plaintiff, Mrs. Michelle Estes, had sustained a five percent (5%) permanent partial disability to the body as a whole due to her work-related injuries; (2) Mrs. Estes had a twelve and one-half percent (12_ %) vocational disability and was limited to a recovery of two and one-half (2 _) times her impairment rating pursuant to Tennessee Code Annotated _ 5-6-241(a)(1); and (3) defendants liable for payment of $1,286. for chiropractic treatment rendered to Mrs. Estes by Dr. Frank C. Etlinger, D.C.. The defendants submit that the trial court erred in determining that Mrs. Estes is vocationally impaired as a result of her work-related injury and in determining that the defendants were liable for payment for the unauthorized treatment of Dr. Etlinger. For the reasons discussed in this opinion we find that the judgment of the trial court should be reversed and the cause dismissed. |
Wilson County | Workers Compensation Panel | ||
| Carl Wayne Griffin v. Consolidated Freightways M1999-02213-WC-R3-CV Authoring Judge: Lee Russell, Sp. J. Trial Court Judge: James O. Bond, Criminal Court Judge The sole issue raised on appeal is whether the trial court's award of sixty percent permanent partial disability to each lower extremity is excessive. After a complete review of the entire record, the briefs of the parties, and the applicable law, We affirm the judgment of the trial court. |
Wayne County | Workers Compensation Panel | ||
| Loews Vanderbilt Plaza Hotel v. Stephanie Keaton Simon M1999-02576-WC-R3-CV Authoring Judge: Carol Catalano, Sp. J. Trial Court Judge: Ellen Hobbs Lyle, Chancellor The defendant employee, Stephanie Keaton Simon, raises two issues, arguing that the trial judge erred in (1) failing, in the face of reasonable doubt regarding causation, to grant all inferences to Simon, and (2) finding that Simon's injury did not arise in the course of her employment. The Panel concludes that the evidence does not preponderate against the finding that Simon's injury arose outside the course of her employment. Furthermore, we do not find error in the trial court's asserted failure to resolve all reasonable doubt in Simon's favor regarding causation. Therefore, we affirm the judgment of the Chancery Court for Davidson County. |
Davidson County | Workers Compensation Panel | ||
| Richard Dan Moorehead v. Ryder Integrated Logistics, M2000-00425-WC-R3-CV Authoring Judge: Weatherford, Sr. J. Trial Court Judge: Carol Soloman, Judge The defendant, Ryder Integrated Logistics, Inc., appeals the judgment of the Circuit Court of Davidson County, where the trial court allowed reconsideration of the plaintiff's industrial disability under Tennessee Code Annotated _ 5-6-241(a)(2) and awarded a sixty percent (6%) disability to the body as a whole with a credit for earlier payments made pursuant to the original settlement order between the parties filed in the Chancery Court of Davidson County. The defendant submits that the trial court erred: (1) by allowing the plaintiff a reconsideration of his earlier award when he had received in excess of the two and one-half (2 _) cap upon advice of former counsel; (2) by awarding additional disability benefits when the employee failed to establish disability to the extent of thirty-two and one-half (32.5%) percent he had already received; and (3) by awarding disability benefits of five (5) times the impairment rating without making specific findings of fact required by Tennessee Code Annotated _ 5-6-241(c). Under the recent ruling of the Tennessee Supreme Court in Freeman v. Marco Transportation Co., 27 S.W.3d 99 (Tenn. 2), in which the Court held that a request for reconsideration brought pursuant to Tennessee Code Annotated _ 5-6-241(a)(2) must be filed in the same court that exercised jurisdiction over the original workers' compensation claim, we do not reach the issues raised by the defendant and find that the judgment of the trial court should be reversed and the cause dismissed without prejudice. Under the savings statute, the plaintiff can refile his request for reconsideration in the Chancery Court of Davidson County within one year of the date of judgment that is the final deposition in this case. |
Moore County | Workers Compensation Panel | ||
| Ric Ky S Hor T v. D Ietz Mo Bile Hom E Tr Ans Por T, M1999-01460-WC-R3-CV Authoring Judge: Lee Russell, Sp.J Trial Court Judge: John A. Turnbull, Circuit Judge The Appellants, Dietz Mobile Home Transport (hereinafter called the "Employer") and ITT Hartford Insurance Company (hereinafter the "Carrier") contest the amount of the trial court's award of permanent partial disability benefits on three grounds: (1) that the trial judge established and relied upon an anatomical impairment that was not a rating given by any of the three doctors who testified and that the impairment rating was too high under all of the facts in the case; (2) that the trial judge erroneously found that Ricky Short (hereinafter the "Claimant") did not have a meaningful return to work and therefore erroneously failed to cap the award at two and a half times the anatomical rating; and (3) that the trial judge's award of sixty percent permanent partial disability to the body as a whole was excessive. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court on all of the issues raised. |
Putnam County | Workers Compensation Panel | ||
| Timothy Sipe v. Aquatech, Inc. and Travelers Insurance Cos. M1999-02030-WC-R3-CV Authoring Judge: Lee Russell, Sp. J. Trial Court Judge: Vernon Neal, Chancellor The Appellant appeals from the amount of the award of permanent partial disability benefits. After a complete review of the entire record, the briefs of the parties, and the applicable law, we affirm the award made by the trial court. |
Putnam County | Workers Compensation Panel | ||
| Douglas Williams v. Walden Security M2000-01273-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: Irving H. Kilcrease, Chancellor 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. In this appeal, the employer, Walden Security, insists (1) the injured employee was not a covered employee at the time of his accidental injury, (2) the award of permanent partial disability benefits is excessive, (3) the trial court erred in assessing statutory penalties, and (4) the trial court erred in commuting the award of permanent disability benefits to a lump sum. As discussed below, the panel has concluded the judgment should be affirmed. |
Davidson County | Workers Compensation Panel | ||
| Linda Ek v. Fluor Daniel, Inc. W2000-00045-SC-WCM-CV Authoring Judge: Joe C. Loser, Jr. Sp. J. Trial Court Judge: Joe C. Morris, Chancellor In this appeal, the employee or claimant, Linda Ek, contends (1) the evidence preponderates against the trial court's findings that the contract of hire was made in Mississippi and that she willingly and knowingly elected to receive benefits under Mississippi law; and (2) the conditional award of permanent partial disability benefits is inadequate. As discussed below, the panel has concluded that the contract of hire was made in Tennessee, that the employee did not voluntarily, deliberately and with full knowledge of her options, accept benefits under Mississippi law, and that the conditional award of permanent partial disability benefits should be affirmed. |
Madison County | Workers Compensation Panel | ||
| Gloria Ann Johnson v. World Color Press, Inc. W1999-01961-SC-WCM-CV Authoring Judge: Henry D. Bell, Sp. J. Trial Court Judge: J. Steven Stafford, Chancellor 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 defendant World Color Press, Inc. appeals the judgment of the Circuit Court of Dyer County which denied defendant's claim for set-off for short-term disability benefits paid by defendant under its disability plan. We find that the trial court erred in its application of Tenn. Code Ann. _ 5-6- 114 and reverse the trial court's judgment on that issue. We further find that plaintiff waived consideration on appeal of her claim that defendant failed to establish that the disability plan was "employer funded" as required by the statute. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Reversed and Remanded HENRY D. BELL, SP. J., in which JANICE M. HOLDER, J., and W. MICHAEL MALOAN, SP. J., joined. Jeffrey L. Lay and Gary H. Nichols, Dyersburg, Tennessee, for the appellant, WorldColor Press, Inc. Jay E. DeGroot, Jackson, Tennessee, and Tanda Rae Grisham, Memphis, Tennessee, for the appellee, Gloria Ann Johnson. MEMORANDUM OPINION The plaintiff was injured at work after the effective date of the 1996 amendment to the T.C.A. _ 5-6-114 under which defendant claims a right of set-off. 1 T.C.A. _ 5-6-114 provides as follows: (a) No contract or agreement, written or implied, or rule, regulation or other device, shall in any manner operate to relieve any employer in whole or in part of any obligation created by this chapter except as herein provided. (b) However, any employer may set off from temporary total, temporary partial, and permanent partial and permanent total disability benefits any payment made to an employee under an employer funded disability plan for the same injury, provided that the disability plan permits such an offset. Such an offset from a disability plan may not result in an employee receiving less than the employee would otherwise receive under the workers' compensation law. In the event that a collective bargaining agreement is in effect, this provision shall be subject to the agreement of both parties. The record on appeal consists of the technical record and a verbatim transcript of trial excerpts which includes only the testimony of Mrs. Christie Shannon, defendant's human resources manager. She testified as to the existence of defendant's short term disability program, the provisions of the plan and that payments totaling $5,826.82 were made to plaintiff following her injury. The witness was unable to produce at trial a copy of the short term disability plan. The other excerpts are the findings and conclusions of the trial judge stated from the bench. The court found that the injury was compensable and awarded temporary total disability in the amount of $6,82.54 and a lump sum based upon a finding of thirty percent (3%) permanent partial disability to the body as a whole. Before determining medical expense and discretionary costs issues the trial judge addressed counsel as follows: The issue then becomes one of the applicability of T.C.A. 5-6- 114(b). That statute deals with set off for payments by disability plans. . . . . The question is today, does the defendant receive benefits or receive offsets for any short-term disability that it may have paid to the plaintiff. The attorneys for both sides have done a good job here today of explaining this case and explaining the applicability of this Statute. It is the defendant's position that this Statute applies and that they should receive the credit for the $5,826.82 that has been paid by the defendant to the plaintiff as the result of the short-term disability. 2 |
Johnson County | Workers Compensation Panel | ||
| L.D. Mangrum v. Spring Industries and Zurich M2000-01262-WC-R3-CV Authoring Judge: Howell N. Peoples, Special Judge Trial Court Judge: Russell Heldman, Judge The employer appeals and contends (1) the trial court abused its discretion in refusing to admit and consider the deposition testimony of a physician and (2) erred in awarding the employee sixty-five percent disability to each leg. We sustain the contentions of the employer and modify the award to sixty-five percent to both legs. |
Williamson County | Workers Compensation Panel | ||
| Jack Mason Clarke v. Protection Services, Inc, M2000-00360-WC-R3-CV Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Carol L. Soloman, Circuit Judge 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 trial court found the plaintiff suffered a compensable injury and entered a judgment which found he had sustained a sixty-nine percent vocational impairment to the body as a whole. The trial judge also awarded temporary total disability benefits and medical benefits. We reverse judgement of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Reversed JOHN K. BYERS, SR. J., in which FRANK F. DROWOTA, III, J. and TOM E. GRAY, SP. J., joined. Richard E. Spicer, Nashville, Tennessee, for the appellants, Protection Services, Inc. and The Travelers Insurance Company. Tonya Crownover, Nashville, Tennessee, for the appellee, Jack Mason Clarke. OPINION The controlling issue in this case is whether the evidence supports the finding that the plaintiff suffered a compensable injury.1 Facts On February 24, 1997, the plaintiff left work as scheduled. He was scheduled to be off the following morning. However, the branch manager for the defendant, Jeff Lang, discovered the plaintiff was needed at work on the following day. Mr. Lang called the plaintiff at approximately 4: p.m. and asked him to come to work. The plaintiff refused to come to work and according to Lang, refused to tell him why he would not do so. Because of this incident, Lang fired the plaintiff. Later, the defendant learned that plaintiff was required to be in court on the morning of February 25th to respond to a speeding ticket he had received while operating a company truck. The ticket was the second ticket the plaintiff had received while operating a company truck. Under the company policy, the plaintiff would have been discharged as a result of the second ticket. The plaintiff testified at trial he told Lang he had to go to court. The plaintiff called Lang back several times and testified that in one conversation he said to Lang: [a]nd I said some unpleasant words to him and I told him what I 1 The defenda nt also raised the following issues: The trial court erred when it awarded plaintiff permanent partial disab ility benefits because plaintiff failed to estab lish any p ermanent voca tional disability; alternatively, plaintiff's award was excessive. The trial court erred wh en it awarde d plaintiff temp orary total disa bility benefits during a period when plaintiff was working and because there was no medical proof to support total disability after plaintiff was terminated. The trial court erred when it awarded plaintiff reimbursement for COB RA benefits, and when it awarded plaintiff, not the health care provided, unpaid medical expenses. The trial court erred when it found that plaintiff had given adequate notice as required by Tennessee Workers' Compensation law. The trial court erred when it failed to c onsider fac ts that show plaintiff has been less than truthful in matters rela ted to his wor kers' comp ensation claim and that plaintiff was motivated by revenge and anger, not an actual work-related injury, to pursue this claim. -2- |
Davidson County | Workers Compensation Panel | ||
| Cheryl Ellis v. Smith Co. Coatings, M1999-02336-WC-R3-CV Authoring Judge: Joe C. Loser, Jr., Sp. J. Trial Court Judge: John Wooten, Judge In this appeal, the employee insists the trial court erred in dismissing her claim for failure to give written notice of her claimed injury and for insufficient proof of compensability. As discussed below, the panel has concluded the judgment should be affirmed. |
Smith County | Workers Compensation Panel | ||
| Tammy Lynne Pruett v. Service Merchandise Company, M2000-00636-WC-R3-CV Authoring Judge: Joe C. Loser, Jr., Sp. J. Trial Court Judge: Carol L. Mccoy, Chancellor In this appeal, the appellant insists the trial court erred in disallowing her Tenn. R. Civ. P. 6 motion for relief from a final judgment. As discussed below, the panel has concluded the judgment should be affirmed. |
Davidson County | Workers Compensation Panel | ||
| Terry Traylor v. North American Royalties, Inc., d/b/a E2000-01053-WC-R3-CV Authoring Judge: John K. Byers, Sr. J. Trial Court Judge: Jacqueline E. Schulten, Judge The trial court granted the defendant's motion for summary judgment and dismissed the plaintiff's petition to reopen his previously settled workers' compensation case under the provisions of Tennessee Code Annotated _ 5-6-241(a)(2). We reverse and remand the case to the trial court for further proceedings in accordance with this opinion. |
Knox County | Workers Compensation Panel | ||
| Thomas Daniel Whited v. Wilson Farmers Cooperative, M2000-00833-WC-R3-CV Authoring Judge: Loser, Sp. J. Trial Court Judge: J. O. Bond, Judge 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 insists the trial court erred in its resolution of the issues of causation, permanency, extent of permanent disability, medical expenses and discretionary costs. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Criminal Court Affirmed LOSER, SP. J., in which BIRCH, J. and PEOPLES, SP. J., joined. William E. Halfacre, III, Madewell, Jared, Halfacre & Williams, Cookeville, Tennessee, for the appellants, Wilson Farmers Cooperative and Hartford Casualty Insurance. Lena Ann Buck and Frank Buck, Buck & Buck, Smithville, Tennessee, for the appellee, Thomas Daniel Whited. MEMORANDUM OPINION The employee or claimant, Whited, is 18 or 19 years old with an eighth grade education, who reads at a third grade level and performs mathematics and comprehensive reading at the second grade level. On November 13, 1997, while working for the employer, Wilson Farmers Coop, he suffered a crushing injury to his left hand, when the hand was accidentally caught between a fork lift and a steel post. The manager of the Coop was an eye witness to the accident and so testified at the trial. Whited continued to work, but has repeatedly re-injured the same hand. He has seen a number of doctors, some of whom were provided by the employer and some of whom were not. Warren McPherson is a board certified neurosurgeon licensed in Tennessee. He saw the claimant once on December 1, 1997. Dr. McPherson's impression was a soft tissue injuryto the area of the fourth knuckle, no evidence of reflex sympathetic dystrophy (RSD) involving the left upper extremity. The doctor said he would be "very surprised" if the claimant had any permanent impairment. Douglas Ray Weikert, is a board certified orthopedic surgeon licensed in Tennessee with certifications in hand and microsurgery. Dr. Weikert first saw the claimant on June 8, 1998. The doctor's first impression was a psychological condition, conversion reaction. When he saw the claimant on July 15, after another accident at work, he noticed some localized swelling of the injured hand, but ruled out RSD and opined the claimant would retain no permanent impairment. John McInnis is a board certified orthopedic surgeon licensed in Tennessee. Dr. McInnis first saw the claimant on February 9, 1998, when the claimant complained of pain. He continued to complain of pain in his injured hand when the doctor saw him on other occasions and after tests were ordered. Dr. McInnis continually noticed swelling and tenderness in the hand, but ruled out RSD and prescribed no restrictions. Robert E. Ivy is an orthopedic surgeon licensed in Tennessee, with a certificate in hand surgery. Dr. Ivy performed an independent examination of the claimant on April 2, 1999 and ruled out RSD and did not assign any permanent impairment. Richard Theodore Rutherford is a licensed practicing physician in Carthage, who saw the claimant in September 1998, prescribed pain medication and suggested he see a hand surgeon. Dr. Rutherford saw the claimant again the following month and the injured hand was swollen and very tender. He made a preliminary diagnosis of RSD. The claimant's pain, the doctor said, "seemed to be far out of degree to what I was seeing and that's very typical of RSD." Dr. Rutherford referred the claimant to Dr. Thomas Hardy, who confirmed his opinions and findings. Thomas L. Hardy is a Tennessee licensed physician specializing in pain medicine, who first saw the claimant on April, 28, 1999. He observed that the injured left hand had decreased nail bed profusion, decreased blood flow to the hand, shiny skin on the fingers, coolness and loss of hair and that the hand was hypersensitive to light touch, pinprick and vibration. Stellate ganglion blocks failed to relieve the pain or raise the temperature in the hand. Dr. Hardy diagnosed RSD or complex regional pain syndrome. John R. Moore is a board certified plastic surgeon, who first saw the claimant on November 11, 1998 and diagnosed RSD. Dr. Moore's testimony established that the condition was causally related to the crush injury at work and that the claimant would be left with a "significant" permanent impairment. His testimony included the following exchange: -2- |
White County | Workers Compensation Panel |