Brandon Brantley v. Personnel Placements 02S01-9703-CH-00013
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Joe C. Morris,
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 plaintiff contends that he got a piece of metal in his eye on Friday, August 25, 1995 at approximately 11: P.M., while working for the defendant, and that he has suffered a compensable injury to his eye. The trial court found the plaintiff had failed to prove the injury was work related. We affirm the judgment of the trial court. The plaintiff testified a piece of metal got in his eye while he was working. He testified he received the injury at 11: P.M., and he searched for his supervisor to report the injury but was unable to find him. He testified he left work as a result of the pain. The plaintiff testified he drove from work to a friend's house and took Tylenol for the pain. The friend did not testify in the case. The plaintiff's time card showed he had checked out at 8:5 P.M. He claimed he was present at work after 8:5 P.M., but he had no explanation for why his card did not show he had checked back into work. The significant medical evidence in this case was given by Dr. James A. Price, an ophthalmologist. Dr. Price saw the plaintiff on August 29, 1995 and found him to have a pseudomonas corneal ulcer -- the pseudomonas being the bacteria which causes the damage. When asked if a piece of metal that had gotten into the eye would have caused the ulcer, Dr. Price was of the opinion that this would be consistent with the condition he found. The plaintiff had not told Dr. Price he had gotten a piece of metal in his eye. Dr. Price testified the plaintiff had lost 9 percent of the vision in his left eye. The trial judge dismissed the case because he found "the plaintiff had failed to carry his burden of proof of causation." From a reading of the record it seems clear the trial judge found the plaintiff failed to show he sustained an injury by accident as he alleged, because he did not credit the plaintiff's testimony. 2
Henderson
Workers Compensation Panel
Robert E. Edwards v. Anderson Hickey Co. 02S01-9703-CH-00022
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. John Hill Chisolm,
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, Robert E. Edwards, fell 14 to 18 feet to the ground at work, injuring his right ankle. The trial court awarded 95 percent permanent partial disability to the right lower extremity. We affirm the judgment of the trial court. The employee is 65 years old with a high school education and work experience in general labor and welding. He has a non-work-related below the knee amputation of his left leg. On July 7, 1994, the employee fell from a forklift a distance of about 18 feet and landed on his left foot, crushing his right ankle. He was treated by Dr. Carl W. Huff, a board-certified orthopedic surgeon who is also certified by the American Board of Preventive Medicine, Certified Occupational Medicine. Dr. Huff first saw the employee on July 8, 1994. An x- ray at that time revealed a fracture of the calcaneus. He placed Mr. Edwards in a cast and on modified weight bearing. In September 1994, he placed the patient in a brace. During this time, Mr. Edwards required significant analgesics for pain and used a cane to help with relieving weight on the ankle and for balance. He developed post- traumatic arthritis in the talocalcaneal joint of the right foot as a result of the injury and now has limited mobility and pain with walking and weight bearing. Dr. Huff opined that plaintiff reached maximum medical improvement as of February 8, 1995. He assessed ten percent anatomic impairment to the lower extremity, with functional impairment greater due to the below the knee prosthesis on the other leg. He is limited to standing and walking about four hours a day, carrying objects lighter than ten to 15 pounds, and he cannot climb. He can go up and down steps but would have a decreased ability and more risk in doing so. He is capable of doing full-time light work, including machine operation, light lifting, or working with his upper extremities only. A job that would allow intermittent standing, sitting, and walking would be feasible. 2
Lauderdale
Workers Compensation Panel
Debbie J. Goodlow v. Hospital Corp. of America, Etc. 02S01-9704-CH-00029
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. William Michael Maloan,
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 plaintiff filed suit against the defendant and alleged she sustained a back injury on March 6, 1993. The trial judge found the plaintiff did not give notice of the injury until September 27, 1993, and the petition was dismissed for failure to give timely notice. We affirm the judgment of the trial court. We need not go into great detail concerning the facts in this case. The plaintiff asked her supervisor for authority to move the desk in the office in which she worked to better accommodate her work. The supervisor instructed the plaintiff to have the maintenance department to move the furniture. The maintenance department moved the furniture on Friday. The plaintiff went to the office on Saturday and she and another employee rearranged the desk and some cabinets. On Monday and Tuesday, the plaintiff worked regular shifts with no problems. On Wednesday, the plaintiff called the emergency room to tell them she would be late to work because her back was hurting. The plaintiff saw an emergency room doctor and told her supervisor she did not know what was wrong with her back. Ultimately, the plaintiff was referred to Dr. Frank Berklacich, an orthopedic surgeon, who testified that on May 7, 1993, the plaintiff told him she had hurt her back on March 7, 1993 while moving furniture at work. On June 1, 1993, the plaintiff underwent surgery on her back. The plaintiff did not give notice to the defendant of a work related injury to her back until September 27, 1993. She says she did not do so earlier because she did not know her back problem was related to the moving of furniture on March 7, 1993. We review this case de novo upon the record with a presumption of the correctness of the finding of fact of the trial judge. Tenn. Code Ann. _ 5-6- 225(e)(2). 2
Weakley
Workers Compensation Panel
Bobby Riddick v. Jackson Metal Services 02S01-9703-CV-00016
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Franklin Murchison,
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 trial judge found the plaintiff had suffered a 25 percent permanent partial disability to his left foot. The defendant says the evidence preponderates against a finding the plaintiff had suffered any permanent impairment. We affirm the judgment of the trial court. On May 25, 1995, a steel beam fell upon the plaintiff's foot, causing a fracture of the foot. The medical testimony in this case is not extensive. Dr. Larry David Johnson, an orthopedic surgeon, was the treating physician. Dr. Johnson diagnosed the injury as a non-displaced fracture of the first metatarsal bone of the [left] foot. Dr. Johnson saw the plaintiff on May 23, 1995 for the initial exam and on four occasions after that. He testified the plaintiff recovered from the injury in due course. Dr. Johnson released the plaintiff to work on July 5, 1995 and found he had reached maximum medical recovery at that time. Dr. Johnson examined the plaintiff on August 16, 1995 and found the fracture had healed. Dr. Johnson found the plaintiff suffered no permanent impairment from the injury. Dr. Robert J. Barnett, an orthopedic surgeon, examined the plaintiff in June 1996. Dr. Barnett found that the plaintiff was continuing to have pain in his foot, that he has to walk on the outside of his foot, and that he had some swelling in his left foot. Dr. Barnett's testimony, when read in context of the injury in question, is that the plaintiff sustained a 14 percent permanent partial impairment to his left foot. The defendant asks that Dr. Barnett's testimony be depreciated because his notes showed the injury occurred May 22, 1994 rather than May 22, 1995. When the defendant asked Dr. Barnett if the injury occurred in 1995 rather than 1994 "then we'd be talking a little different situation, wouldn't we," Dr. Barnett answered "could be." The "could be" was never explored beyond this. Dr. Barnett testified subsequently that the differences in dates would not change any opinion he gave. 2
Madison
Workers Compensation Panel
Patsy Stedman v. Hardaway Construction Co., Inc. 02S01-9703-CH-00017
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Joe C. Morris,
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 trial court found the plaintiff had sustained a 25 percent permanent partial disability to the body as a whole as the result of an injury she suffered at work. The defendant has filed an appeal from the judgment. The plaintiff has moved to dismiss the appeal because the defendant failed to timely file a notice of appeal. We find that the appeal was not timely filed and therefore dismiss the appeal. The judgment in which the plaintiff was awarded 25 percent disability was entered on November 19, 1996. On December 23, 1996, the defendant filed a motion for relief from the judgment under RULE 6.2(1) and (5), TENN. R. CIV. P. The defendant's only basis for relief under this rule was that the failure to timely file a notice of appeal was inadvertent. Counsel asserted she thought the notice had been filed and was surprised to learn it had not been filed. On December 27, 1996, the defendant filed a motion to have the trial court enter a final judgment in the case. In that motion, the defendant asserted the trial court's judgment of November 19, 1996 was not final because it disposed of less than all the claims raised by the plaintiff in the original petition. The defendant's motion asserted that the trial court, in its judgment, had not disposed of the following issues: "(1) Whether plaintiff is entitled to temporary disability benefits; (2) When plaintiff's disability became permanent within the meaning of the Tennessee W orkers' Compensation Law; (3) Whether plaintiff is entitled to reimbursement of medical expenses incurred to date; and (4) Whether plaintiff is entitled to a lump sum award." On January 8, 1997, the trial judge entered an Amended Final Judgment. It is the defendant's contention that under RULE 54.2, TENN. R. CIV. P., the original judgment entered on November 19, 1996 was not final, and until the trial court had entered a final judgment the defendant could not appeal the case under the directive of RULE 3, TENN. R. APP. P. The defendant argues that the time for 2
