Merlo vs. Maxwell
01A01-9811-CV-00610

Massengale vs. Massengale
01A01-9901-CV-00052

Threet vs. Opryland
01A01-9805-CV-00255
Trial Court Judge: Marietta M. Shipley

Jackson vs. Aldridge
01A01-9809-CH-00488
Trial Court Judge: Carol A. Catalano

Adrian Jones v. Coca-Cola Enterprises, Inc.
02S01-9810-CV-00102
Authoring Judge: John K. Byers, Senior Judge
Trial Court Judge: Hon. Karen R. Williams,
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 alleged that "on or about December 13, 1995, [he] was diagnosed with carpal tunnel syndrome, which arose out of and in the course of his employment." The trial court found the plaintiff had failed to give timely notice of this injury or to present an adequate excuse for not doing so, as required by T.C.A. _ 5-6-21, and dismissed his complaint. We affirm the judgment of the trial court. Plaintiff began working for Coca-Cola as a route salesman, driving a Coke truck, in 1992. In July, 1995, he was involved in a non-work-related automobile accident, after which he worked only one week for Coca-Cola. As a result of the auto accident, he received medical treatment from Drs. William Turner, Paul Williams and John P. Howser. EMG nerve conduction testing in December 1995 revealed carpal tunnel syndrome, which Dr. Howser thought was work-related, and he so-informed the plaintiff. Dr. Howser testified that, in his opinion, the work-related bilateral carpal tunnel syndrome pre-existed the July, 1995 automobile accident, and that the auto accident exacerbated it. Surgical correction of bilateral carpal tunnel was accomplished in April and May of 1996 and resulted in Dr. Howser's assessment of "a two percent anatomic disability rating to the body as a whole as a result of his left carpal tunnel and a two percent due to his right carpal tunnel."1 The Plaintiff testified when deposed that he first received treatment for carpal tunnel from Dr. Howser in December, 1995, but that "I had always had a little pain or aggravation in there, and I was just thinking that, you know, it was just, you know, from - - just doing the strain 1But on cross-examination, he responded "Yes" to the question, "Speaking of the 2 percent, you said 2 percent to each extremity for this more recent injury. Is that correct?" 2

Edgar Young v. Sonoco Products Co.
02S01-9807-CH-00072
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. 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 found that the plaintiff sustained a 4 percent permanent partial vocational disability to the body as a whole and awarded benefits accordingly. We affirm the judgment of the trial court.

Fair vs. Fulton
03A01-9812-CV-00422

Natl. Gas Dist. vs. Sevier Co. Utility
03A01-9902-CH-00077

State vs. Stanley Warren Mills
03C01-9810-cr-00368

State vs. Roger Morris Gardner
03C01-9712-CR-00524

State vs. Russell Overby
02C01-9810-CC-00321

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Integon vs. Shon Flanagan
02A01-9812-CH-00382
Trial Court Judge: Walter L. Evans

State vs. Merrian Logan
02C01-9808-CC-00232
Trial Court Judge: R. Lee Moore Jr.

Pertew vs. Pertew
03A01-9711-CH-00505

Derryberry vs. Derryberry
03A01-9801-CV-00023

Harvey vs. Ford Motor Credit
03A01-9807-CV-00235

Estate of J.P. Walker vs. Dpt.of Revenue
03A01-9808-PB-00250

Bullard vs. Scott
03A01-9809-CH-00310

Day vs. GMAC
03A01-9811-CV-00372

Morefield vs. O'Brien Heating/Cooling
01A01-9807-CH-00385
Trial Court Judge: Irvin H. Kilcrease, Jr.

Long vs. Tri-Con Industries
01S01-9708-CV-00176

State vs. Christopher D. Smith
03C01-9807-CR-00270
Trial Court Judge: Ray L. Jenkins

State vs. Delfro Willis
02C01-9810-CC-00336