| Johnny Jobe v. M. K. Ferguson and Second Injury Fund
03S01-9512-CV-00131
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 issue in this appeal is whether the award of permanent disability benefits is excessive. As discussed below, we have concluded the judgment should be modified. The employee or claimant, Jobe, was 59 years old at the time of the trial. He has a ninth grade education and is a skilled carpenter, capable of reading plans and performing supervisory duties. On May 5, 1993, he fell at work and was slightly injured, but continued to work. On August 24, of the same year, he injured his lower back while lifting a cabinet at work. He was treated by Dr. David Hauge for a herniated lumbar disc from the second injury and a herniated cervical disc, possibly from the earlier injury. Dr. Hauge assigned a permanent impairment rating of seven percent to the whole body. Dr. Berta Bergia, whom the claimant saw for an examination and evaluation, assigned permanent impairment ratings of five percent for the cervical disc and ten percent for the lumbar disc. Dr. Bergia said the claimant should not do more than sedentary work. The claimant has not returned to work. The trial judge awarded permanent partial disability benefits based on thirty percent to the body as a whole for the May 5th injury and one hundred percent for the August 24th injury. Because the combined award totaled one hundred thirty percent, the employer was ordered to pay on the basis of one hundred percent and the remaining thirty percent was assessed against the 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. James B. Scott, Jr., |
Knox County | Workers Compensation Panel | 10/17/96 | |
| Angela K. Hill v. Royal Insurance Company and Ckr Industries, Inc.
01SO1-9505-CH-00071
This workers' compensation appeal has been referred to the Special W orkers' 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. Our review is de novo on the record accompanied by a presumption that the findings of fact of the trial court are correct unless the evidence preponderates otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). The trial court awarded Plaintiff Hill $16,212. permanent partial disability benefits, representing eighty (8) weeks at the benefit rate of $22.65 per week, or twenty percent (2%) permanent partial disability to the body as a whole; and future medical expenses pursuant to the Tennessee Workers' Compensation Act. The trial court also allowed an attorneys fee of twenty percent (2%) of the award, in the amount $3,242.4, to be paid in lump sum. The appellant contends that the trial court erred in: 1. Finding that a vocational disability based upon a permanent medical restriction, with medical testimony of no medical impairment rating in accordance with A.M.A. Guidelines for Evaluation of Permanent Impairment, constitutes a compensable permanent partial disability under the Workers' Compensation Act. 2. Awarding permanent partial disability benefits to the Plaintiff that were excessive and against the weight of the evidence. We affirm the judgment of the trial court. Ms. Hill filed the complaint in the Chancery Court for Franklin County, Tennessee, against her employer, Defendant CKR Industries, seeking to recover unpaid benefits under the Tennessee Workers' Compensation Act for work-related injuries. Ms. Hill alleged that she suffered injuries as a result of exposure to chemicals in use at the CKR Plant. This case was consolidated with three (3) additional cases for trial due to significant similarities in the cases. At CKR, Ms. Hill worked as a Mucote sprayer. Mucote is a sealant, used to prevent rubber weather stripping from dryingout, and contains two solvents, toluene and methyl ethyl ketone. Ms. Hill began suffering from nose bleeds, difficulty in breathing, upset stomachs, and dizzy spells while at work. She complained to the human resources supervisor and safety and environmental coordinator about her symptoms and was moved to another position. When she was later returned to the spraying job,
Authoring Judge: Robert L. Childers, Special Judge
Originating Judge:Hon. Jeffrey F. Stewart |
Franklin County | Workers Compensation Panel | 10/17/96 | |
| Helen Carroll v. Moore and Associates and Travelers Insurance Company
01S01-9512-CV-00221
Authoring Judge: William S. Russell, Special Judge
Originating Judge:HON. JOHN W. ROLLINS, JUDGE |
Carroll County | Workers Compensation Panel | 10/17/96 | |
| Billy Gibson v. Aetna Casualty and Surety Co. and Wolf Tree Experts, Inc.,
03S01-9602-CV-00012
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. Plaintiff, Billy Gibson, was awarded 1 percent permanent disability benefits by the Circuit Court of Sevier County as a result of an accident on June 24, 1991, when he fell backward from a truck to the ground injuring his back. Defendants, Wolf Tree Experts, Inc. and The Aetna Casualty and Surety Company, have appealed insisting the evidence preponderates against the finding of total disability. Plaintiff is 4 years of age with a third grade education; he cannot read or write and was employed as a tree trimmer by defendant employer for almost twenty years; he had back surgery (ruptured disc) in 1978 but recovered sufficiently to work full time without any real problems; his injury as a result of the June 1991 accident resulted in another ruptured disc and this surgery did not appear to be successful; another surgical procedure was performed to remove bone fragments; he told the trial court he was not able to return to work as a tree trimmer or do any other type work on a regular basis; he admitted he had worked at what he called "piddling jobs" and said he was usually on the heating pad for several days after activity of this nature; his complaints of pain continued up to the date of the trial. Plaintiff's treating physician and surgeon was Dr. Archer W. Bishop, Jr., who testified by deposition. Dr. Bishop testified plaintiff continued to complain of pain during his entire treatment period, including the numerous visits after the last surgical procedure. He said at one point another surgery was contemplated but was not performed because he felt the chance of improvement was small. He gave plaintiff a 12 percent medical impairment and said he should avoid repetitive bending, stooping and heavy lifting of more than forty pounds. Craig R. Colvin, a disability management consultant, testified by 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Ben W. Hooper, Ii, |
Sevier County | Workers Compensation Panel | 10/17/96 | |
| Donna Forrester v. Oshkosh B'Gosh and Travelers Insurance Company
01S01-9511-JP-00206
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Authoring Judge: Cornelia A. Clark, Special Judge
Originating Judge:Hon. Anthony L. Sanders |
Humphreys County | Workers Compensation Panel | 10/17/96 | |
| James v. Ball
02C01-9510-CR-00291
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9512-CC-00416
01C01-9512-CC-00416
Originating Judge:Donald P. Harris |
Hickman County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9509-CR-00304
01C01-9509-CR-00304
|
Davidson County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9404-CC-00120
01C01-9404-CC-00120
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 10/17/96 | |
| 02A01-9604-CH-00091
02A01-9604-CH-00091
Originating Judge:Whitenton |
Fayette County | Court of Appeals | 10/17/96 | |
| 02C01-9510-CC-00315
02C01-9510-CC-00315
|
Madison County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9512-CR-00427
01C01-9512-CR-00427
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9510-CC-00320
02C01-9510-CC-00320
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9512-CR-00375
02C01-9512-CR-00375
|
Shelby County | Court of Criminal Appeals | 10/17/96 | |
| 02A01-9508-CV-00175
02A01-9508-CV-00175
|
Shelby County | Court of Appeals | 10/17/96 | |
| 02C01-9510-CC-00292
02C01-9510-CC-00292
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9507-CC-00203
02C01-9507-CC-00203
|
Benton County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9601-CR-00038
02C01-9601-CR-00038
|
Shelby County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9509-CC-00292
01C01-9509-CC-00292
|
Williamson County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9512-CC-00431
01C01-9512-CC-00431
|
Robertson County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9511-CC-00372
01C01-9511-CC-00372
|
Williamson County | Court of Criminal Appeals | 10/17/96 | |
| 01C01-9511-CC-00381
01C01-9511-CC-00381
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Criminal Appeals | 10/17/96 | |
| 02C01-9602-CC-00066
02C01-9602-CC-00066
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 10/17/96 | |
| State vs. Gary Shirley
02C01-9612-CR-00478
|
Shelby County | Court of Criminal Appeals | 10/16/96 | |
| The Honorable Frank v. Williams, Iii
03A01-9602-CH-00071
|
Roane County | Court of Appeals | 10/16/96 |
