Angela N. Bilbrey v. American Nat'L. Bank & Trust Co. 03S01-9708-CH-00092
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Howell N. Peoples,
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant contends the evidence preponderates against the chancellor's findings that the employee's permanent mental and physical injuries arose out of and in the course of her employment. As discussed below, the panel has concluded the judgment should be affirmed. At the time of the trial, the employee or claimant, Angela Bilbrey, was fifty years old. She has a high school education and attended a business school for two years. She has served in the United States Navy, where she received some technical training. She has worked for American National Bank, now SunTrust, since 1979 as a collector or account adjuster. In April of 1987, she went to Sierra-Tuscon, an alcohol and drug dependency center, where she was treated for emotional problems related to her family situation and her difficulty coping with them. There is some history of mental dysfunction in her family and there is evidence she was mistreated by her mother and that her former husband is a recovering alcoholic. She told a psychologist at Sierra- Tuscon she wanted "to know why I am unhappy a lot." She worked on the third floor of her employer's building. On June 29, 1993, she and another employee entered an elevator on the third floor to go to the lobby floor. The elevator fell from the third floor to some distance below the lobby floor, before stopping suddenly. She remained "stuck" in the elevator for approximately half an hour until she could be removed by other persons. Following the injury, she complained of shoulder pain and, after receiving emergency care at East Ridge Hospital, she was referred by the employer to Dr. George Seiters, a licensed and board certified orthopedic surgeon practicing in Chattanooga. Dr. Seiters diagnosed a cervical sprain, left rotator cuff tendinitis with mild impingement syndrome and possible bursitis in the left shoulder, all of which he treated conservatively. When her shoulder pain and loss of motion persisted, he injected her shoulder with six milligrams of cortisone on October 2
Knox
Workers Compensation Panel
The Travelers Ins. Co. v. Karen Morrisett 03S01-9708-CH-00097
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Chester S. Rainwater, Jr.
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 has been perfected by the employee-defendant, Karen Morrisett, from a ruling of the trial court in dismissing her complaint for benefits against the plaintiff-insurance carrier, The Travelers Insurance Company. The Chancellor held the employee had failed to carry the burden of proof in establishing a physical and/or mental injury had occurred as a result of her employment activities. Defendant, 34 years of age, possessed a G.E.D. certificate and had worked for her employer, Rittenhouse, for about eight years. She did heavy work and operated a machine that cut large rolls of paper. On April 19, 1995, she testified she was rolling a 2-25 lb. roll of paper underneath a conveyor belt and as she pushed it, she felt a "pull" in her back and upon raising up, she felt pain. She reported the incident and was taken to the emergency room where she said she saw a Dr. Ellis. The next day she saw Dr. John W. Fetzer, the company doctor, who referred her to Dr. Sidney L. Wallace at the Knoxville Orthopedic Clinic. Later she saw several other doctors. She stated her job caused a lot of stress; that she had been told by her supervisor that if her production rate did not increase she would be fired. She also accused her supervisor of sexual abuse. When questioned about this allegation, she said "He liked to touch me." When asked how long this had been going on, she responded, "As long as he was supervisor, but I would always tell him to leave me alone." Counsel asked if anything ever happened between her and the supervisor to which she replied, "No." There were no other details concerning this subject. She also testified she experienced difficulty in walking and sometimes she could not get out of bed on her own movement; that her legs would be numb. On cross-examination, she admitted she had seen a therapist at Cherokee Mental Health Center on April 13, 1995, which was several days prior to the incident in question. She told the therapist she suffered from stress at work; that sometimes she could not swallow her food; that she had panic attacks while driving a vehicle; and she suffered from head pain and dizziness. She admitted she had been 2
Scott M. Shultsz v. Baneberry Golf Course 03S01-9707-CV-00133
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Kendall Lawson,
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 employer, Baneberry Golf Course, and insurance carrier, U.S.F.&G. Company, have appealed from a judgment entered by the trial court awarding the employee, Scott M. Shultz, 5% permanent partial disability benefits to the body as a whole. The appeal presents issues concerning whether the court was in error in (1) awarding 5% disability, (2) exceeding the 2 _ multiplier provisions set forth in T.C.A. _ 5-6-241, (3) awarding certain unauthorized medical expenses and (4) awarding certain discretionary costs. Plaintiff was 32 years of age and left school before completing the 12th grade. He does not have a G.E.D. certificate and his work experience has been in the construction industry where he has been a general laborer. He was employed by the defendant golf course as a maintenance worker which required him to operate a large mower and a weedeater about the golf course. On August 23, 1995 while mowing, he noticed the mower deck had jumped its track. He stopped the tractor and squatted down to lift the deck up. As he lifted, he felt a sharp pain in his back and fell to the ground. A co-worker saw him and helped get him back to the shop and on to the hospital emergency room. He testified he worked some period of time after the accident although it was painful; that he was laid off in October or November due to the seasonable nature of his work; that he was furnished a list of physicians and went to see Dr. Kevin Bailey during October, 1995. The record indicates Dr. Bailey ordered an M.R.I. examination and the report showed a large central and right ruptured disc at the lowest disc level and a smaller herniation at the level above that. Dr. Bailey, a physical medicine specialist, did not believe surgery was necessary but referred him to Dr. Bishop, an orthopedic surgeon practicing in the same group, for a second opinion. Dr. Bailey gave a 7% medical impairment for his condition. Dr. Bishop recommended surgery and this was performed during March 1996. Plaintiff was eventually released to return to work on 2
