| William Valdez, & Miguel Pineda v. Lang Environmental
01S01-9605-CH-00085
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert S. Brandt, |
Davidson County | Workers Compensation Panel | 12/19/96 | |
| Richard Caldwell v. Activated Metals & Chemicals, Inc., et al.
03S01-9602-CV-00015
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 plaintiff 35% permanent partial disability to the body as a whole. Defendant challenges the trial court's finding that plaintiff's impairment arose out of a work-related injury and the trial court's consideration of the testimony of the plaintiff's expert witness. Plaintiff, 43, finished the eleventh grade. He has a varied work experience, having worked in restaurants, construction, as a stockboy, a janitor/security guard and as a salesperson of draperies and linens. He testified that he suffered an injury in the nature of an occupational disease from inhaling aluminum oxide dust and the dust of a nickel aluminum alloy at his workplace, resulting in his having to stop working and seeking medical care on July 28, 1993. He began working for defendant in January 1993. Plaintiff was referred to Barry Frame, M.D., a specialist in thoracic and cardiovascular surgery, who testified in this case by deposition. He diagnosed pneumonia with complicating empyema (or lung abscess). Apparently, plaintiff suffered a pneumothorax, or puncturing of the lung. Dr. Frame opined that this pneumothorax was the result of infection, a pneumonia resulting from the aspiration of some anaerobic organism. No organism was cultured. When asked if plaintiff told him that his condition started as a result of exposure to a metal compound at work, Dr. Frame testified that he was aware that there was some consideration of an occupational factor, but that plaintiff should be referred to a pulmonologist to evaluate that; he had been concerned with dealing with the pneumonia and its complications. Chaim Cohen, M.D., a specialist in occupational medicine, examined the plaintiff at the request of his attorney. He examined plaintiff, reviewed material safety data sheets for compounds to which plaintiff had been exposed, reviewed 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Ben W. Hooper, Ii, |
Knox County | Workers Compensation Panel | 12/19/96 | |
| Theresa Webb v. The Quaker Oats Company
02S01-9603-CH-00029
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 of findings of fact and conclusions of law.
Authoring Judge: F. Lloyd Tatum, Special Judge
|
Madison County | Workers Compensation Panel | 12/19/96 | |
| Johnny Ownby v. National American Insurance Company
03S01-9604-CV-00037
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 plaintiff 48% permanent partial disability to the body as a whole at a compensation rate of $266.66 per week. Defendant challenges the amount of disability awarded, the compensation rate applied and certain discretionary costs awarded. Plaintiff, 37, graduated from high school. Most of his work experience has been in heavy construction labor. He testified that he injured his lower back on July 4, 1994, while digging up an asphalt driveway and loading the asphalt chunks onto a truck for defendant's insured. He worked on light duty until October but has not worked since October.1994. Plaintiff was treated by Alan L. Whiton, M.D., an orthopedist, who testified in this case by deposition. He opined that plaintiff had a disruption or internal cracking of L4-L5 based upon the results of a discogram. He assigned plaintiff a five percent permanent impairment rating to the body as a whole according to the AMA Guides. George B. Brooks, D.O., a family practitioner, examined the plaintiff at the request of his attorney. He diagnosed degenerative disc disease with radiculopathy at L4-5 by history. He assigned a ten percent impairment rating according to the American Orthopedic Academy guidelines. He testified that he would not disagree with Dr. Whiton's five percent impairment rating but that he also considered that plaintiff had over six months of subjective complaints of pain. He further testified that some portion of his impairment rating was attributable to degenerative changes that predated plaintiff's work-related injury, but he could not apportion it. Fred A. Killefer, M.D., neurosurgeon, examined plaintiff at the request of the defendant. He found no objective signs of a permanent injury and opined that plaintiff had a normal spine with subjective complaints of pain. He further opined 2
Authoring Judge: Senior Judge John K. Byers
Originating Judge:Hon. Rex Henry Ogle, |
Knox County | Workers Compensation Panel | 12/19/96 | |
| Richard Thomas Johnson v. State of Tennessee
W2001-02373-CCA-R3-CD
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 12/19/96 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9607-CV-00304
01A01-9607-CV-00304
Originating Judge:James E. Walton |
Montgomery County | Court of Appeals | 12/18/96 | |
| 01A01-9603-CH-00140
01A01-9603-CH-00140
Originating Judge:Donald P. Harris |
Hickman County | Court of Appeals | 12/18/96 | |
| 01A01-9510-CH-00430
01A01-9510-CH-00430
Originating Judge:Robert S. Brandt |
Court of Appeals | 12/18/96 | ||
| Ray v. Stanton, App. No. 88-285-Ii, 1989 Wl 14135 (Tenn. Ct. App. Feb. 24,
01A01-9603-CH-00140
|
Court of Appeals | 12/18/96 | ||
| 01A01-9604-PB-00163
01A01-9604-PB-00163
Originating Judge:Joe P. Binkley, Sr. |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9605-CV-00230
01A01-9605-CV-00230
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9609-CH-00426
01A01-9609-CH-00426
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/96 | |
| Seffernick vs. St. Thomas Hospital
01A01-9606-CV-00282
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 12/18/96 | |
| 01A01-9606-CH-00256
01A01-9606-CH-00256
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 12/18/96 | |
| Fireman's Fund Insurance v. Taylor Barton Mills
03S01-9601-CH-00008
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 contends the evidence preponderates against the trial court's finding that his injury was caused by intoxication. The panel concludes the judgment should be reversed. On February 15, 1995, the employee or claimant, Mills, was working at his job as a machinist using a large lathe to bore a specifically sized hole into a fifty inch bull gear. After stopping the lathe to take a measurement, he accidentally - perhaps negligently - brushed against the lathe's starter button. The lathe started and the claimant's clothing was caught in the turning lathe. As a result, he was injured. Tests done at the University of Tennessee Medical Center shortly after the accident revealed a high level of cannaboid concentration from probable chronic use of marijuana. The claimant admits to being a chronic user of marijuana and had admittedly smoked two or three "joints" on the evening before the accident. Additionally, two witnesses testified that they thoughtthey saw him from some one hundred feet away, sharing a joint with another employee on the morning of the accident, before beginning work. The claimant and other employee denied it. The employer knew Mills was a heavy marijuana user and had fired him for thirty days on a previous occasion for "suspected" use of the substance, but re-hired him 3 days later at a higher rate of pay. An expert, without examining the claimant, opined from lab test results that marijuana intoxication was a possible contributing cause of his 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Dennis H. Inman, |
Knox County | Workers Compensation Panel | 12/18/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Washington County | Court of Appeals | 12/18/96 | |
| Patricia D. Woodward v. American General Life & Accident Insurance Company
03S01-9512-CV-00138
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 or claimant, Woodward, contends the evidencepreponderates against the trial court's finding that her fibromyalgia was not causally related to her injury. The panel concludes the judgment should be affirmed. On July 23, 1992, the claimant was involved in a car wreck arising out of and in the course of her employment as a debit agent for the employer, American General. She suffered a mild strain of the neck, superimposed upon preexisting osteoarthritis. She was first seen by Dr. Sherrod, who made the diagnosis, then followed by Dr. Calvin Johnson at Wautauga Orthopedics. Dr. Johnson provided conservative care and assigned minimal permanent impairment. She was further treated by Dr. David Lurie, a rheumatologist, who diagnosed fibromyalgia but expressed no opinion as to whether her condition was causally related to the accident. The claimant was under Dr. Lurie's continuing care at the time of the trial. Her attorney referred her to Dr. Mark T. McQuain, a specialist in physical medicine and rehabilitation. Dr. McQuain's impression, as reflected in his notes, was: 1. Cervical degenerative disc disease,maximum at C4-5 and C5-6. 2. Generalized fibromyalgia/tension myalgia, post traumatic. 3. Patellofemoral degenerative joint disease, bilaterally. 4. Tendency for pain magnification. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Thomas J. Seeley, Jr., |
Washington County | Workers Compensation Panel | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Court of Appeals | 12/17/96 | ||
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Loudon County | Court of Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Marion County | Court of Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Anderson County | Court of Appeals | 12/17/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Loudon County | Court of Appeals | 12/17/96 | |
| State vs. Ervin
03C01-9707-CC-00311
|
Blount County | Court of Criminal Appeals | 12/17/96 |
