Martha Shupe v. Ins. Co. of Pennsylvania 03S01-9706-CV-00065
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Ben K. Wexler,
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 appeal was perfected by the employer, Insurance Company of Pennsylvania, from a decision of the trial court awarding the employee, Martha Jane Shupe, 9% permanent partial disability to the body as a whole. On appeal defendant insurance company insists (1) the trial court was in error in finding the cervical disc injury was work-related and (2) if the injury was work- related, the award of 9% was excessive under the proof. The employee contends (1) she is totally disabled and the award should be fixed at 1% and (2) the trial court was in error in finding the aneurysm rupture was not work-related. Plaintiff was 45 years of age at the time of the trial and had completed the 8th grade. She was employed at a Burger King restaurant on April 27, 1992, when she climbed upon a shelf to return a box to a higher shelf; in attempting to come down, her foot slipped and she fell some distance landing on her feet; she stated the fall caused her body to twist and she experienced immediate intense pain in her neck. Plaintiff was taken immediately to a hospital emergency room where she was examined and referred to another doctor. She remained off work for about two weeks and then returned to work on a reduced time schedule. She testified after some period of part time work, her employer decided she should not work further. On about May 27, 1992, she was present with her husband at a court hearing (unrelated to present case) when she turned her head to look out the window and felt a sting of pain in the back of her neck. Shortly later she experienced double vision problems and could not move her legs for awhile. She also became nauseated. Further investigation into her complaints indicated there had been a rupture of an aneurysm in her head and that she also had a herniated cervical disc. Surgery was performed to correct the aneurysm problem and about a year later, she had a fusion to repair the disc problem. The trial was conducted on October 28 and 29, 1996, which was about 4 _ years after sustaining the injury. She testified she had attempted to find some light 2
Knox
Workers Compensation Panel
Joey Sweat v. Superior Industries, Inc. 03S01-9701-CH-00006
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Thomas J. Seeley, Jr.,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. I This is a psoriatic arthritis1 case, an on-going debilitating condition, which pre-existed the plaintiff's employment. He alleges that he was asymptomatic prior to his employment by the defendant and that the nature of his job triggered his symptoms and worsened the underlying disease. The defendant says that only the symptoms, i.e., pain and swelling, were exacerbated by employment (as any physical activity would do) but that the disease per se was not worsened. Dr. David Lurie testified by deposition. The precise issue of whether the plaintiff's employment caused a progression of the disease or whether it merely aggravated the symptoms was not sufficiently articulated by Dr. Lurie in the opinion of the trial judge, and he requested that Dr. Lurie elucidate the point either by a supplemental deposition or by letter. Counsel agreed to the latter. He was asked: In your opinion, based on a reasonable medical probability, did Sweat's activities . . . advance and result in an actual progression of his underlying psoriatic arthritis? To which Dr. Lurie responded: "In my opinion, based on reasonable medical probability Sweat's work . . . advanced and resulted in actual progression of his underlying psoriatic arthritis." He testified that the allocation of the progression of the disease from physical activity as contrasted to spontaneous progression was not quantifiable, but that the "repetitive, strenuous, weight-bearing activities resulted in some permanent joint injury." 1A connective tissue arthritis, not curable, and highly debilitating. 2
Knox
Workers Compensation Panel
Bruce O. Tibbs, Jr. v. City of Humbodlt, Tn 02S01-9706-CH-00057
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. George R. Ellis,
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial judge awarded the plaintiff 33 percent vocational impairment for injuries occurring on October 27, 1995. We affirm the judgment. The plaintiff was employed as an officer with the defendant. The plaintiff finished nine years of formal education and subsequently obtained a G.E.D. He was trained and worked as a machine mechanic prior to becoming employed as an officer with the defendant. At the time of trial, the plaintiff was 33 years of age. Prior Injury On October 9, 1994, the plaintiff injured his back in the course of his employment with the defendant. In February 1995, a lumbar laminectomy at L5-S1 was performed. The treating physician, Dr. John W. Neblett, concluded the plaintiff had reached maximum medical improvement from this injury on June 14, 1995 and found the plaintiff suffered a ten percent permanent medical impairment to the body as a whole. The plaintiff was released with restrictions of not repeatedly lifting more than 2 pounds at a time nor ever lifting as much as 4 pounds at a time and that he should not sit more than one hour at a time whether standing or walking. On July 18, 1995, the plaintiff returned to Dr. Neblett and reported he had significantly improved. Dr. Neblett, upon the request of the plaintiff and upon the 2
Gibson
Workers Compensation Panel
Teresa Woody v. Goodyear Tire & Rubber Co. 02S01-9976-CH-00052
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the plaintiff benefits based on a finding of 25 percent permanent partial disability to her whole body. The defendant appeals, asserting the excessiveness of this award and the bar of the statute of limitations. An in-depth discussion of her employment history with the defendant is necessary for an adequate assessment of her claim. She was 34 years old at the time of trial and lives in Obion County, Tennessee. She completed high school and attended Vanderbilt University for a short period of time. At the time of trial, she was a senior at the University of Tennessee at Martin majoring in English, lacking approximately three hours before graduation. Following graduation, she plans to attend graduate school, seek a Masters Degree in English, and ultimately teach. Her work history includes a work study program at Vanderbilt University, primarily clerical in nature. She has worked for Baptist Hospital in Union City as an admission clerk, a clerical position, and in 1988, she began working for Goodyear Tire & Rubber Company, in the gift shop. Shortly thereafter, she moved into the factory, working on a bias unit, which involved repetitive overhead lifting, twisting and turning. In June of 1989, she began having pain and problems with her shoulders, and informed her supervisor, David Stephenson, of these problems and filled out an incident report in July, 1989. She was initially seen by Dr. David St. Clair who diagnosed impingement syndrome. Her claim for workers' compensation benefits was eventually denied. She continued to work on the bias machine and her shoulder problems progressively worsened. In 199, she resigned her position with the defendant to attend school, and worked part-time for Baptist Hospital in Union City, again 2
Obion
Workers Compensation Panel
Janet Wynn v. Tecumseh Products Co. 02S01-9709-CV-00081
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Creed Mcginley,
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court awarded the plaintiff a 3 percent permanent partial disability to her right leg, a 4 percent permanent partial disability to each of her arms, and medical expenses in the amount of $77.. The trial court noted that the plaintiff is very bright and capable of expressing herself. The defendant raises the following issues on appeal: "1. Does the evidence preponderate against the Trial Court's finding that Plaintiff sustained a thirty (3%) percent permanent partial disability to her right leg. 2. Does the evidence preponderate against the Trial Court's finding that Plaintiff's condition to each of Plaintiff's arms was caused by the work activities performed at Tecumseh Products Company. 3. Does the evidence preponderate against the Trial Court's finding that Plaintiff sustained a forty (4%) percent permanent partial disability to each of her arms. 4. Did the Trial Court err in finding that Tecumseh should pay Dr. James Spruill's medical charges in the amount of $77.." We affirm the judgment of the trial court.
