Phillip W. Lee v. Shoney's, Inc. 03S01-9606-CH-00067
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Chester S. Rainwater
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 resulted from a finding by the trial court that Defendant, Charles A. Hixon, was entitled to permanent disability benefits of 17.5% to the body as a whole. The Chancellor was of the opinion the award was limited to 2-1/ 2 times the medical impairment rating of 7% pursuant to T.C.A. _ 5-6-241(a)(1). On appeal the employee has raised numerous issues regarding the limit of the award. It is insisted the court was in error in not applying subsection (b) of the statute, which would fix the limit of the award at 6 times the medical impairment rating; that the court failed to apply subsection (a)(2) which would have permitted an increased award; that the court should have allowed greater benefits pursuant to T.C.A. _ 5-6- 242; that subsection (a)(2) is unconstitutional as it requires an employee to file a new cause of action when the employee may not have received an initial award of benefits prior to the expiration of the one year period of time. The employer, Lea Industries, raises an issue concerning causation of the injury. It is insisted the preponderance of the evidence does not support the trial court's finding the ruptured disc was caused by the incident at work. Employee Hixon is 49 years of age and completed the 9th grade. Most of his work experience has been in the furniture construction industry. On November 6, 1992, he was bending down to pick up some lumber when he felt pain in his back. He was taken to the hospital where he was admitted and stayed for a period of five days. About ten days after being released, he returned to work at the same rate of pay. He told the court he continued to have pain and worked under restrictions of not bending over; and not being on his feet or sitting for long periods of time. He continued like this until July 22, 1993, when he left work saying his physical condition would not permit him to continue. There is no other evidence in the record disputing his reason for leaving his employment. 2
Knox
Workers Compensation Panel
David B. Mase v. Coca-Cola Enterprises, Inc. 03S01-9605-CV-00054
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Dale C. Workman,
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. Defendant, Coca-Cola Enterprises, Inc., has appealed from the trial court's action in awarding plaintiff, David B. Mase, 35% permanent partial disability to the body as a whole. The employer contends the trial court was in error in ruling it liable for the compensable injury as opposed to applying the Last Injury Rule, which would have fixed liability against the employee's last employer. An issue is also raised as to whether the trial court was in error in awarding an amount of disability which was in excess of 2_ times the medical impairment rating. Plaintiff was 3 years of age at the time of the trial and had completed the 12th grade. He testified he was injured while working on October 15, 1993, when he was stacking twelve-pack cartons of drinks at a customer's business; that he experienced pain in his left hip and leg; he was referred by his employer to Dr. Don King, who treated him with medication and therapy; he was released to return to work on November 12, 1993, and returned to the same job at the same rate of pay; he told the trial court he did not feel able to work but attempted to do so anyway. Plaintiff was terminated by defendant on December 2, 1993. There is a conflict in the evidence as to the exact reason for his discharge. Plaintiff testified a supervisor requested that he sign a written statement agreeing he could be terminated if he did not meet certain standards of work; that he told the company official that he would not sign the statement because his physical condition would not permit him to comply with the statements and that he was terminated for failing to execute the statement. The record indicates that during 1992 and 1993 plaintiff had been warned a number of times by his employer that his performance on the job was not satisfactory and that he had been tardy in reporting to work often. 2
02C01-9601-CC-00023 02C01-9601-CC-00023
Trial Court Judge: Joe G. Riley. Jr.
Dyer
Court of Criminal Appeals
David K. Burnette v. The Travelers Ins. Co. 03S01-9607-CH-00074
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Frederick D. Mcdonald
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. This appeal has resulted from a finding by the trial court that plaintiff, David K. Burnette, was entitled to 1 percent permanent disability benef its as a result of his injury on December 18, 1994. Since he had a prior award of disability, the court apportioned the award by directing his employer, Target Stores, to pay 15 percent and the State's Second Injury Fund to pay the remaining 85 percent. The State has appealed insisting the evidence is not sufficient to support a 1 percent disability award and that the apportionment was not proper under TENN. CODE ANN. _ 5-6-28. We agree with this contention and the trial court's judgment as to the extent of permanent disability is modified as hereinafter indicated. Employee Burnette was 37 years of age and dropped out of school in the 11th grade. He later obtained a G.E.D. certificate and worked as a carpenter in the construction industry for about thirteen years. In 1988, while working in California, he sustained work-related injuries which resulted in an award of workers' compensation benefits of 3 percent to the body as a whole. These injuries were two herniated disks in his neck and two herniated disks in his low back. After recovering from surgical procedures, he moved to Tennessee and worked for some period of time with two different fast food businesses. He was employed as an assistant manager at each company. In September, 1992, he began working at Target Stores testifying he was still having pain from his injuries and that he was still taking pain medication. While working at Target, he attempted to further his education by attending classes at Pellissippi State. He did this for several years, but had transferred to the University of Tennessee by the time the case was heard in the trial court. His goal was to obtain a degree in special education and become a special education teacher. The record is not clear as to his status in this endeavor but he said he was still taking basic courses and had not been accepted in the College of Education. 2
