| Dianna Skelton v. Robert Shaw Controls
01S01-9710-CC-00229
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 awarded Dianna Skelton ["employee"] workers' compensation benefits based on one-hundred percent permanent, total disability. Robertshaw Controls Company ["employer"] appeals, challenging the extent of employee's disability, the admissibility of the opinion of a clinical psychologist as to permanency of employee's disability, and the failure of the trial court to apply the multiplier caps set forth in T.C.A. _ 5-6-241(a)(1). For the reasons herein stated, we modify the award to find 6 percent permanent vocational disability and, as modified, affirm the judgment of the trial court. I Mrs. Skelton had been employed as a factory laborer at Robertshaw for six years when, on September 4, 1992, she sustained a work-related injury to her lower back while lifting parts weighing about 3 pounds and placing them in an overhead bin. She timely reported the injury to Robertshaw and saw Dr. Bowden Smith, an approved physician, for treatment. Dr. Smith gave her epidural steroid blocks and heat treatments and took her off work for 2-1/2 weeks, then ordered lighter work in the Transition Room from September 22, 1992 until October 6, 1992, when she was released to return to full work. She continued to experience back pain, complained to Robertshaw, and then saw another approved physician, Dr. Larry Laughlin, who ordered X-rays and prescribed physical therapy. She continued to complain of pain. On November 2, 1992, she saw Dr. Robert Weiss, neurosurgeon, also an approved 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. O. Bond, |
Smith County | Workers Compensation Panel | 06/29/98 | |
| James W. Smith v. Wilson Co. Concrete
01S01-9712-CR-00278
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. In January, 1997, the Supreme Court affirmed a judgment that the plaintiff was totally and permanently vocationally disabled, with benefits awarded accordingly. The plaintiff returned to the trial court complaining that the judgment was not being satisfied in a timely way. He alleged that the accrued benefits were not paid timely, and that his "weekly checks" were sporadic. To correct this problem he filed a motion to require the defendant to pay the entire judgment or, alternatively, "that the Court determine the interest as the parties were in dispute as to the amount and the method by which it should be figured." The trial court ordered the defendant to pay interest calculated on the entire amount of the judgment, i.e., on the unaccrued portion of the judgment. The defendant appeals, insisting that interest cannot be assessed on installments not due. We agree, since the precise issue has heretofore been adjudicated by the Supreme Court. Tennessee Code Annotated _ 5-6-225(h) provides in part: (h)(1) If the judgment or decree of a court is appealed pursuant to subsection (e), interest on the judgment or decree shall be computed from the date that the judgment or decree is entered at an annual rate of interest five (5) percentage points above the average prime loan rate for the most recent week for which such an average rate has been published by the board of governors of the federal reserve system on the total judgment awarded by the supreme court. (2) Total judgment awarded is computed by the total number of weeks multiplied by the benefit rate without any reduction. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. J. O. Bond, |
Smith County | Workers Compensation Panel | 06/29/98 | |
| Sammy Moore v. A. O. Smith
02S01-9709-CH-00082
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. George R. Ellis, |
Moore County | Workers Compensation Panel | 06/29/98 | |
| Victor A. Wynn v. Perma-Fix and The Travelers Insurance Company
02S01-9711-CV-00099
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 the plaintiff suffered from a heart attack and resulting disablement which arose out of and in the course and scope of his employment with the defendant. Further, the trial court found the plaintiff was totally and permanently disabled as a result of this work injury. The defendants appeal and present the following issue: "I. The issue for determination of this Court is whether or not the evidence in this cause preponderates against the findings of the trial court that Plaintiff sustained an injury arising out of and in the course and scope of his employment resulting in a permanent and total disability." The judgment of the trial court is affirmed. The evidence in this case was presented by the plaintiff, who testified in person, and three other witnesses who testified likewise. These other witnesses were the plaintiff's wife and Pat Townsend and Claude Hunt, both co-workers who testified that the plaintiff suffered pain in his chest on September 2, 1994 while at work. The plaintiff also presented the depositions of Dr. Bennett Rudorfer and Dr. Grady L. Saxton. The defendant's proof consisted of the deposition of Patricio A. Ilabaca and the testimony of Tammy Boggs, whose official capacity with the defendant is not shown. Boggs introduced a packet of medical records from the plaintiff's personnel 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John R. Mccarroll, |
Shelby County | Workers Compensation Panel | 06/29/98 | |
| Kellogg Co., vs. TN Comm., et al
02A01-9612-CH-00302
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 06/26/98 | |
| Moore vs. Feathers
03A01-9802-CV-00063
|
Court of Appeals | 06/26/98 | ||
| Fye vs. Kennedy
03A01-9707-CV-00287
|
Hamilton County | Court of Appeals | 06/26/98 | |
| State vs. Meyer
03C01-9705-CR-00165
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 06/26/98 | |
| Sanjurjo vs. Woods
03A01-9708-CH-00330
|
Court of Appeals | 06/26/98 | ||
| State vs. Stout
03C01-9706-CR-00228
|
Washington County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Sheri Clements
02C01-9712-CC-00488
|
Fayette County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Lily Baker
02C01-9707-CC-00264
|
McNairy County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Phillips
03C01-9708-CR-00320
|
Scott County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Phillips
03C01-9708-CR-00320
|
Scott County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Flanigan
03C01-9708-CR-00330
|
Sullivan County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Flanigan
03C01-9708-CR-00330
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 06/26/98 | |
| City of Knox vs. Garuin
03A01-9801-CV-00038
|
Court of Appeals | 06/26/98 | ||
| State vs. Bowling
03C01-9710-CR-00478
|
Scott County | Court of Criminal Appeals | 06/26/98 | |
| 03A01-9712-CV-00532
03A01-9712-CV-00532
|
Court of Appeals | 06/26/98 | ||
| Judd's vs. Muir
03A01-9801-CH-00002
|
Court of Appeals | 06/26/98 | ||
| State vs. Hannum
03C01-9710-CC-00480
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/26/98 | |
| State vs. Jones
03C01-9710-CR-00428
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 06/26/98 | |
| Wilhoite vs. Proffitt
03A01-9801-CH-00004
|
Court of Appeals | 06/26/98 | ||
| State vs. Jones
03C01-9710-CR-00428
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 06/26/98 | |
| Canonie vs. Tennessee
03A01-9710-CH-00481
|
Court of Appeals | 06/25/98 |
