| 02A01-9507-CH-00154
02A01-9507-CH-00154
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/13/96 | |
| 01C01-9504-CR-00120
01C01-9504-CR-00120
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/13/96 | |
| 01C01-9506-CC-00209
01C01-9506-CC-00209
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 09/13/96 | |
| James v. Doramus
01A01-9603-CH-00139
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 09/13/96 | |
| Craig v. Gabbert
01A01-9506-CH-00274
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/13/96 | |
| 02A01-9508-CH-00164
02A01-9508-CH-00164
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 09/13/96 | |
| 01A01-9602-CH-00054
01A01-9602-CH-00054
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 09/13/96 | |
| 02A01-9505-CH-00104
02A01-9505-CH-00104
|
Court of Appeals | 09/13/96 | ||
| 02A01-9504-CV-00068
02A01-9504-CV-00068
Originating Judge:James T. Allison |
Shelby County | Court of Appeals | 09/13/96 | |
| 02A01-9510-CV-00217
02A01-9510-CV-00217
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/13/96 | |
| Cyril v. Fraser
01C01-9510-CC-00352
Originating Judge:Cornelia A. Clark |
Hickman County | Court of Criminal Appeals | 09/13/96 | |
| 03S01-9509--CV-00112
03S01-9509--CV-00112
|
Supreme Court | 09/13/96 | ||
| 02A01-9504-CV-00095
02A01-9504-CV-00095
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 09/12/96 | |
| 02A01-9506-CH-00128
02A01-9506-CH-00128
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 09/12/96 | |
| 01A01-9601-CV-00038
01A01-9601-CV-00038
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 09/11/96 | |
| 01A01-9603-CH-00125
01A01-9603-CH-00125
Originating Judge:Henry Denmark Bell |
Williamson County | Court of Appeals | 09/11/96 | |
| 01A01-9602-CV-00078
01A01-9602-CV-00078
Originating Judge:Donald P. Harris |
Williamson County | Court of Appeals | 09/11/96 | |
| 01A01-9511-CH-00501
01A01-9511-CH-00501
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 09/11/96 | |
| 02A01-9504-CH-00080
02A01-9504-CH-00080
Originating Judge:D. J. Alissandratos |
Shelby County | Court of Appeals | 09/11/96 | |
| 02C01-9509-CR-00255
02C01-9509-CR-00255
|
Shelby County | Court of Criminal Appeals | 09/11/96 | |
| 02C01-9510-CR-00322
02C01-9510-CR-00322
|
Shelby County | Court of Criminal Appeals | 09/11/96 | |
| 01A01-9601-CV-00038
01A01-9601-CV-00038
|
Court of Appeals | 09/11/96 | ||
| 03S01-9511-CH-00122
03S01-9511-CH-00122
Originating Judge:John K. Byers |
Supreme Court | 09/11/96 | ||
| Larry Coleman v. Kimberly-Clark Corporation
02S01-9602-CV-00021
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 employer contends the award of permanent partial disability benefits is excessive and that the trial judge "erred in failing to use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to review the anatomical impairment assigned by" the operating surgeon. The employee contends the award is inadequate. The panel has concluded the judgment should be affirmed as modified herein. The employee or claimant, Larry Coleman, is 52 and a high school graduate with no other training or education. He has worked all his adult life as an unskilled worker. On November 17, 1992, the fork lift which he was operating for the employer fell out of a truck bed to a parking lot, injuring him. He was treated and released at an emergency room and returned to work with pain. He ultimately was referred to a neurosurgeon, whom he first saw on January 26, 1993. The doctor diagnosed a herniated lumbar disc and prescribed an epidural block for the relief of pain. When conservative care no longer relieved the claimant's pain, surgery was performed. Since the surgery, he has continued to have disabling leg and back pain and numbness. The operation was the claimant's second for a ruptured disc in the low back, the other having occurred some seventeen years earlier. The claimant cannot sit or stand for long periods of time and has severely limited ability to bend forward. The operating surgeon assigned a permanent impairment rating of eighteen percent to the whole body, from the injury and surgery superimposed on his pre-existing spinal stenosis, using the AMA guidelines. Mr. Coleman does not think he can return to any kind of work. He has not worked since the surgery. A vocational expert examined the claimant and his medical records. The expert opined that the claimant has no transferable job skills and that he has no employability. The expert's opinion is based in part, however, on a hip problem which is not shown to have pre-existed the injury at work or to have been caused by the injury at work. We find no countervailing medical or vocational testimony in the record. The trial judge found the claimant's permanent industrial disability to be eighty-eight percent to the body as a whole and awarded benefits on that basis. Appellate review is de novo upon the record of the trial court, 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Kay S. Robilio, |
Shelby County | Workers Compensation Panel | 09/11/96 | |
| Larry Coleman v. Kimberly-Clark Corporation
02S01-9602-CV-00021
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 employer contends the award of permanent partial disability benefits is excessive and that the trial judge "erred in failing to use the AMA Guides to the Evaluation of Permanent Impairment, Fourth Edition, to review the anatomical impairment assigned by" the operating surgeon. The employee contends the award is inadequate. The panel has concluded the judgment should be affirmed as modified herein. The employee or claimant, Larry Coleman, is 52 and a high school graduate with no other training or education. He has worked all his adult life as an unskilled worker. On November 17, 1992, the fork lift which he was operating for the employer fell out of a truck bed to a parking lot, injuring him. He was treated and released at an emergency room and returned to work with pain. He ultimately was referred to a neurosurgeon, whom he first saw on January 26, 1993. The doctor diagnosed a herniated lumbar disc and prescribed an epidural block for the relief of pain. When conservative care no longer relieved the claimant's pain, surgery was performed. Since the surgery, he has continued to have disabling leg and back pain and numbness. The operation was the claimant's second for a ruptured disc in the low back, the other having occurred some seventeen years earlier. The claimant cannot sit or stand for long periods of time and has severely limited ability to bend forward. The operating surgeon assigned a permanent impairment rating of eighteen percent to the whole body, from the injury and surgery superimposed on his pre-existing spinal stenosis, using the AMA guidelines. Mr. Coleman does not think he can return to any kind of work. He has not worked since the surgery. A vocational expert examined the claimant and his medical records. The expert opined that the claimant has no transferable job skills and that he has no employability. The expert's opinion is based in part, however, on a hip problem which is not shown to have pre-existed the injury at work or to have been caused by the injury at work. We find no countervailing medical or vocational testimony in the record. The trial judge found the claimant's permanent industrial disability to be eighty-eight percent to the body as a whole and awarded benefits on that basis. Appellate review is de novo upon the record of the trial court, 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Kay S. Robilio, |
Shelby County | Workers Compensation Panel | 09/11/96 |
