| Harbin v. St. Mary's
03S01-9703-CV-00026
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 was employed by the defendant as a security guard. On July 8, 1993, he was struck by a vehicle in the defendant's garage. There is no dispute that the plaintiff was involved in an accident in the course of his employment. The only dispute is whether the plaintiff failed to show by a preponderance of the evidence that he suffered any permanent disability as a result of the accident. The trial court held the plaintiff did not prove any permanent disability by a preponderance of the evidence as a result of the accident. We reverse the decision of the trial court. The pertinent testimony in the case was the oral testimony of the plaintiff, and the deposition testimony of Dr. Dennis Coughlin1, an orthopedic surgeon; Dr. Gilbert L. Hyde, an orthopedic surgeon; and Joseph Scott Brown2, a chiropractor. The plaintiff, thirty years old at the time of the case, testified he continued to have pain as a result of the injuries he received in the accident. He testified concerning many things he is unable to do because of the pain and stiffness associated with the injuries. He is, however, employed as a security officer with another firm. Dr. Hyde, the plaintiff's witness, saw the plaintiff for purpose of evaluation. He found the plaintiff to have muscle spasms in the low back and other manifestations of injury. Dr. Hyde was of the opinion the plaintiff retained a 5% permanent medical impairment and was of the opinion the impairment was related to the on job injury with the defendant. Dr. Coughlin, the defendant's witness, saw the plaintiff on two occasions -- once for examination and ordering of tests and once to report the results of the tests to him. Dr. Coughlin found degenerative disease of the L4 and L5 vertebrae. The 1 The medical records of Dr. David Fardon were introduced through the Coughlin deposition. Dr. Fardon found no permanent impairment. 2 The trial judge found the testimony of the chiropractor to be unreliable. We agree with that assessment and will not consider the testimony in the record. 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Dale C. Workman, |
Knox County | Workers Compensation Panel | 12/01/97 | |
| Iris v. Flowers
03S01-9701-CV-00014
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. _________________________________ Irvin H. Kilcrease, Jr., Special Judge CONCUR: ________________________________ John K. Byers, Senior Judge ________________________________ Adolpho A. Birch, Jr., Justice 2
Authoring Judge: Special Judge Irvin H. Kilcrease, Jr.
Originating Judge:Hon. Arnold Stulce, |
Knox County | Workers Compensation Panel | 12/01/97 | |
| Vivian Jeanette Payne v. Sequatchie Valley Coal Corp.
01S01-9610-CH-00214
Authoring Judge: William S. Russell, Retired Judge
Originating Judge:Hon. |
Sequatchie County | Workers Compensation Panel | 12/01/97 | |
| Carol Potkan v. Saturn Corporation
01S01-9701-CV-00024
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. |
Maury County | Workers Compensation Panel | 12/01/97 | |
| Fayette Tubular Products, Inc., et al. v. Anthony S. Belli
01S01-9704-CH-00091
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 employer and its insurer contend the claim should be disallowed because the employee engaged in willful misconduct or willfully failed to use a safety appliance. As discussed below, the panel has concluded the judgment should be affirmed. At the time of his injury, the employee or claimant, Belli, was working on a bender, a machine designed to bend and contour parts. The machine was equipped with a light curtain, which is a safety device designed to prevent the machine from operating if the beam of light is broken. When the machine did not work properly, the claimant reached over the light beam to press the reset button. He inadvertently pressed the wrong button and his hand became caught in the machine, injuring him. The chancellor found the claim to be compensable. 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). Where the trial judge has seen and heard the witnesses, considerable deference must be accorded those circumstances on review. McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995). An employer may refuse to pay compensation benefits for an injury resulting from a claimant's willful or intentional misconduct or self-inflicted injury, or because of intoxication or willful failure to use a safety appliance or perform a duty required by law. Tenn. Code Ann. section 5-6-11(a).1 The burden of proof to establish such defense(s) is on the employer. Tenn. Code Ann. section 5-6-11(b).2 The defense of willful misconduct is generally limited to deliberate and intentional violations of known regulations. See Larson, Workmen's Compensation Law (1979) section 32. The essential elements of the defense are (1) an intention to do the act, (2) purposeful violation of orders and (3) an element of perverseness. Rogers v. Kroger Co., 832 S.W.2d 538 (Tenn. 1992). 1 5-6-11. Injuries not covered -- Drug and alcohol testing. -- (a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct or intentional self-inflicted injury, or due to intoxication or illegal drugs, or willful failure or refusal to use a safety appliance or perform a duty required by law. 2 (b) If the employer defends on the ground that the injury arose in any or all of the above stated ways, the burden of proof shall be on the employer to establish such defense. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Vernon Neal, |
Fayette County | Workers Compensation Panel | 12/01/97 | |
| State of Tennessee v. Andre S. Bland - Concurring/Dissenting
02S01-9603-CR-00032
The issues before the Court and sufficiency of the evidence and comparative propottionality of the sentence of death. I agree with the majority that the evidence is sufficient to support the jury's finding of premeditation, that the evidence is sufficient to support the jury's finding of torture (i.e. the "infliction of severe physical or mental pain upon the victim while he or she remains conscious"), and the aggravating circumstance outweighs the mitigating circumstances. However, I would find that the sentence of death is disproportionate.
Authoring Judge: Justice Lyle Reid
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Supreme Court | 12/01/97 | |
| 03C01-9403-CR-00110
03C01-9403-CR-00110
Originating Judge:John A. Turnbull |
Cumberland County | Court of Criminal Appeals | 11/26/97 | |
| State vs. Pike
03C01-9611-CR-00408
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Knox County | Court of Criminal Appeals | 11/26/97 | |
| State vs. Belcher
03C01-9608-CC-00299
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 11/26/97 | |
| AMC-Tennessee, Inc. v. Hillcrest Healthcare
M2003-00882-COA-R3-CV
In this appeal arising from a breach of contract claim, the appellant, Hillcrest Healthcare, LLC challenges the trial court's award of damages in the amount of $337,363.59 including $219,937 in lost profits. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 11/26/97 | |
| Luther Haggard vs. State
M2003-02554-CCA-R3-HC
The petitioner, Luther Haggard, filed a petition for the writ of habeas corpus in the Davidson County Criminal Court. In the petition he alleges that various Bradley County, Tennessee, convictions he received pursuant to guilty pleas entered in 1997 are illegal and void. The Davidson County Criminal Court summarily dismissed the petition. We affirm.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/25/97 | |
| Jones vs. Culpepper
03A01-9706-CH-00202
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 11/25/97 | |
| State vs. Ronnie Lauderdale
02C01-9706-CR-00207
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 11/25/97 | |
| State vs. Ishaan Mubarak
02C01-9706-CR-00211
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 11/25/97 | |
| Adams v. Peterbilt
03S01-9603-CV-00031
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 brought this suit in which he alleged he was totally and permanently disabled and that he was entitled to medical benefits from his employer and the Second Injury Fund. The trial judge found the plaintiff had sustained a 6 percent impairment as a result of an on-the-job injury on May 27, 1994. The trial judge dismissed the suit as to the Second Injury Fund because the amount of the disability of the plaintiff from the current injury when combined with previous workers' compensation injuries did not exceed 1 percent permanent total disability. The plaintiff, in this appeal, says the trial court erred in not finding he was permanently and totally disabled as a result of the May 27, 1994 injury and in not awarding him benefits from the Second Injury Fund. The judgment of the trial court is affirmed. The treating physician, Dr. Robert E. Finelli, an orthopedic surgeon, testified the plaintiff had a ruptured disc at the L4-L5 vertebrae. Dr. Finelli did surgery on the plaintiff and treated him until September 2, 1994. Dr. Finelli returned the patient to work and found he had sustained a 1 - 12 percent permanent medical impairment as a result of the injury. The plaintiff had undergone two previous back surgeries and Dr. Finelli considered these in determining the medical impairment from the last injury. Dr. Finelli was of the opinion that if the plaintiff returned to heavy work he would be at risk for a possible ruptured disc. It was his further opinion that if he did medium work the risk of further back injury was low. Dr. Gilbert Hyde, an orthopedic surgeon, saw the plaintiff on July 28, 1995 for the purpose of evaluating his disability. Dr. Hyde found the plaintiff to be suffering a 22 percent medical impairment as a result of the injury of May 27, 1994. Dr. Hyde 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 11/25/97 | |
| Roddy v. Spring
03S01-9704-CH-00041
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 employee alleged injury to her back when she lifted a bolt of cloth at work. The trial court found that her back condition was caused by a work related accident and awarded 45 percent permanent partial vocational disability and medical expenses, including those of the treating surgeon, which were unauthorized. We affirm the judgment of the trial court. On Saturday, August 8, 1992, the employee, Robbin Roddy, was inspecting rolls of fabric at work when a co-worker brought her an unusually heavy roll to work with. When she threw the roll up in a bin, her back "just popped." She reported the injury to her supervisor, James Hood, who went with her to the office where they completed an injury report. Hood then sent her home. She was aware that the company posted at the work site a list of three doctors from whom she could choose. On the following Monday she went to the Family Medical Center, to the office of one of those doctors, Dr. Richard R. Jost, where she and her family had been seen in the past for routine medical care. It is uncontested that the employee never saw Dr. Jost for examination, evaluation, treatment or assessment of disability for this injury. For all of her treatment she saw Mr. Robert Wayne Harrison, a certified physician's assistant employed and supervised by Dr. Jost. The record indicates that apparently the employee was accustomed to referring to the physician's assistant as "Dr. Rob." In fact, the record shows that counsel for the defendant occasionally referred to him as "Dr. Harrison." When asked about his role in the treatment of the employee, Mr. Harrison testified that he is "permitted to do all aspects of medical care with the exception of write prescriptions. That's actually been changed by statute at the present, but at the time in question, I guess we're dealing with a record of 1992, so at that time the statute did not allow prescription writing." 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Jeffrey F. Stewart, |
Knox County | Workers Compensation Panel | 11/25/97 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Blount County | Court of Appeals | 11/25/97 | |
| State vs. Randy Joy
02C01-9705-CC-00183
|
Hardeman County | Court of Criminal Appeals | 11/25/97 | |
| Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 11/25/97 | |
| Tennessee Municipal League vs. Brook Thompson
01S01-9711-CH-00242
The ruling listed above is the Order regarding the "Tiny Towns" legislation. The full opinion will be published at a later date.
|
Supreme Court | 11/25/97 | ||
| Bryan vs. Tent, Inc., d/b/a: University Medical Ctr.
01A01-9703-CH-00132
Originating Judge:C. K. Smith |
Wilson County | Court of Appeals | 11/25/97 | |
| Millsaps vs. Robertson-Vaughn Construction
01A01-9704-CH-00160
Originating Judge:Jeffrey F. Stewart |
Marion County | Court of Appeals | 11/25/97 | |
| State vs. Cecil C. Johnson, Jr.
01C01-9610-CR-00442
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/25/97 | |
| 01A01-9705-JV-00234
01A01-9705-JV-00234
Originating Judge:David Loughry |
Rutherford County | Court of Appeals | 11/25/97 | |
| Ella Pruett vs. Wal-Mart Stores
02A01-9610-CH-00266
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 11/25/97 |
