Danny E. Wilson v. Calvin Burgess Lumber Company
03S01-9604-CH-00041
Authoring Judge: Joe C. Loser, Jr., Special Judge
Trial Court Judge: Hon. Vernon Neal,
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. In this appeal, the employee, Wilson, contends the evidence preponderates against the trial court's finding that his injury did not arise out of the employment. This panel affirms the trial court. The employee or claimant worked for the employer, Burgess, as a log skidder operator. On May 29, 1994, at approximately 12:3 p.m., the claimant lost consciousness and became incontinent. When he regained consciousness, he told his employer he was ill and needed to go home. In his complaint, he claims his condition was caused by a faulty exhaust system on the skidder he was operating. It is undisputed the exhaust system on the skidder he had been operating was faulty. The defective part has since been replaced. The skidder did not have a closed compartment for the operator. Although a toxicologist diagnosed brain damage caused by carbon monoxide poisoning, tests on the skidder produced carbon monoxide readings below the OSHA limit of no more than fifty parts per million for an eight hour exposure. A sample taken at two feet from the end of the exhaust pipe showed thirty parts per million and one taken sitting in the operator's seat, with a slit in the piece of flexible pipe that had a hole in it, showed two parts per million. Moreover, another medical expert opined those levels were insufficient to cause brain damage to an operator in an open seat. Dr. Myron L. Mills, an occupational medicine specialist, further opined the claimant's injury was the result of a non-work-related seizure. The trial judge dismissed the claim for insufficient proof of causation. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6- 225(e)(2). An accidental injury arises out of one's employment when there is 2

Davis vs. Rose
01A01-9610-CH-00494
Trial Court Judge: Jim T. Hamilton

State, DHS Assignee of: Stanley vs. Hooper
01A01-9605-CV-00231
Trial Court Judge: Robert E. Burch

Klindt vs. Klindt
01A01-9606-CH-00250
Trial Court Judge: C. K. Smith

The Tennessean vs. Electric Power Bd. of Nashville
01A01-9606-CH-00255
Trial Court Judge: Ellen Hobbs Lyle

Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Trial Court Judge: Walter C. Kurtz

Thomas, et. ux. vs. Crockett, et. al.
01A01-9608-CV-00380
Trial Court Judge: Walter C. Kurtz

J. Harold Shankle Co. vs. Bedford Co. Bd.
01A01-9609-CH-00387
Trial Court Judge: Lee Russell

Smith vs. Duncan
01A01-9602-CV-00077
Trial Court Judge: Conrad E. Troutman, Jr.

01C01-9504-CR-
01C01-9504-CR-
Trial Court Judge: L. Terry Lafferty

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

State vs. Quinn Hamilton
M2001-02748-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Cheryl A. Blackburn
A jury convicted the Defendant, Quinn L. Hamilton, of aggravated robbery, a Class B felony, and evading arrest, a Class D felony. The trial court sentenced the Defendant as a Range II multiple offender to consecutive terms of nineteen years and seven years, respectively, for an effective sentence of twenty-six years, to be served in the Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in declaring the victim witness unavailable and allowing his prior testimony to be admitted at trial as substantive evidence. We affirm the trial court's judgment.

01C01-9603-CC-00089
01C01-9603-CC-00089

01C01-9603-CC-00091
01C01-9603-CC-00091

01C01-9508-CC-00274
01C01-9508-CC-00274
Trial Court Judge: Allen W. Wallace

01C01-9510-CR-00348
01C01-9510-CR-00348

01C01-9511-CR-00391
01C01-9511-CR-00391

01C01-9604-CR-00148
01C01-9604-CR-00148

03C01-9512-CC-00392
03C01-9512-CC-00392
Trial Court Judge: E. Eugene Eblen

03C01-9512-CC-00408
03C01-9512-CC-00408
Trial Court Judge: Joe B. Jones

03C01-9603-CR-00112
03C01-9603-CR-00112
Trial Court Judge: Ray L. Jenkins

03C01-9605-CR-00184
03C01-9605-CR-00184

03C01-9606-CC-00244
03C01-9606-CC-00244
Trial Court Judge: Lynn W. Brown

Hubert M. Hurd v. General Shale Products Corporation, et al.
03S01-9603-CH-00026
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. H. David Cate,
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. Defendants, General Shale Products Corporation and CNA Insurance Compa ny, have appealed from the action of the trial court in awarding plaintiff, Hubert M. Hurd, 3% permanent partial disability benefits to the body as a whole. The only issue on appeal is whether the evidence preponderates against the award of benefits. Plaintiff Hurd was injured in the course and scope of his employment on August 2, 199, while manually rolling up a truck cover. The equipment did not work properly, and plaintiff was pushing with his right arm when he tore a biceps tendon. Plaintiff was 63 years of age at the time of the trial. He completed the 8th grade and later received a G.E.D. certificate. He had been employed by General Shale for 41 years and at the time of the accident was operating a dump truck. During his entire employment, he had worked at different positions such as a grinding machine operator, a brick machine operator, a fireman on the kiln, a forklift operator and a front-end loader operator. He continued to work after the accident at the same job as his employer installed an electric motor on the vehicle which would roll up the truck cover and eliminate the manual operation. Although he has continued to work, he told the court he does not have the strength in his arm and shoulder as prior to this injury; he testified his grip in his arm is now weak and when he carries anything, it is hard to straighten his arm back out. Dr. John Bell, an orthopaedic surgeon, treated plaintiff for his injuries. His testimony, which was by deposition, indicated plaintiff had sustained an injury to his arm and shoulder from the tear of the tendon and a neck injury where there was an aggravation of a previous condition due to degenerative changes. He 2