| 01C01-9506-CR-00165
01C01-9506-CR-00165
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 06/27/96 | |
| 01C01-9508-CR-00252
01C01-9508-CR-00252
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 06/27/96 | |
| 01A01-9511-CH-00522
01A01-9511-CH-00522
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9603-CH-00099
01A01-9603-CH-00099
Originating Judge:Robert S. Brandt |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9512-CH-00571
01A01-9512-CH-00571
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 06/26/96 | |
| 01A01-9512-PB-00544
01A01-9512-PB-00544
Originating Judge:Phillip Robinson |
Davidson County | Court of Appeals | 06/26/96 | |
| Margaret Danmole v. Charles L. Wright
01A01-9512-CV-00565
Defendant, Charles L. Wright, has appealed from the judgment of the trial court entered on the jury's verdict for plaintiff, Margaret Danmole. The jury awarded plaintiff $17,000.00 for her injuries and damages sustained as the result of an automobile accident. In the instant case, we find no evidence of abuse of discretion on the part of the trial court. Moreover, there is not even a scintilla of evidence in this record that the jury which tried this case was anything other than fair and impartial. Therefore, it results that the judgment of the trial court is affirmed, and the cause is remanded to the trial court for further necessary proceedings.
Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 06/26/96 | |
| 01A01-9603-CH-00132
01A01-9603-CH-00132
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/26/96 | |
| Wade v. Davies
03C01-9509-CC-00260
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 06/25/96 | |
| 03C01-9508-CC-00237
03C01-9508-CC-00237
|
Loudon County | Court of Criminal Appeals | 06/25/96 | |
| Joseph Jarreau v. Vanliner Insurance Company
01S01-9512-CH-00228
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. This appeal presents the questions whether and under what circumstances, if any, an injured worker may give up his right to future medical expenses. The panel concludes the trial court's judgment, approving a settlement in which the right to future medical expenses was voluntarily surrendered for consideration, should be affirmed. The employee or claimant, Jarreau, commenced this civil action by filing a complaint for workers' compensation benefits, averring that he had suffered an injury by accident arising out of and in the course of his employment by Ozark Motor Lines, Inc. The complaint further averred, in relevant part, that his injury had been diagnosed as a tear of the left medial meniscus, that he had reached maximum medical recovery and would retain a permanent impairment but that there was a genuine dispute as to the extent of his permanent disability. He sought to recover medical and permanent partial disability benefits. Vanliner Insurance Company served its answer admitting it was the insurer for Ozark, but denying that the claimant had suffered a compensable injury or that he was permanently disabled. On September 8, 1994, before the case could be tried, the claimant and his attorney and the attorney for Vanliner appeared before Judge Capers seeking approval of a negotiated settlement. By the settlement terms, the claimant was to receive $25,459.2, representing a permanent partial disability of forty percent to the left leg, and an additional $9,54.8 in consideration of the claimant's relinquishment of any claim for future medical benefits, for a total of $35,.. Additionally, the claimant had already received $15,481.3 in medical benefits and $12,481.3 in temporary total disability benefits. We find in the record no transcript of the settlement hearing, but Judge Capers found that Dr. Robert V. Russell had opined the claimant had reached maximum medical improvement and would retain a permanent anatomical impairment of ten percent to the leg. The judge further found the settlement to be in the best interest of the claimant, "in light of the controversy and dispute between the parties." The agreement was approved as a full, final and complete settlement of Mr. Jarreau's claim against the employer and its insurer. Almost eight months later, on April 28, 1995, the claimant applied to the court, per Tenn. R. Civ. P. 6.2, for an order setting aside the settlement 2
Authoring Judge: Per Curiam
Originating Judge:Hon. Bobby Capers, |
Wilson County | Workers Compensation Panel | 06/25/96 | |
| Anna Lue Mckamey v. Red Kap Industries
03S01-9505-CH-00053
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 appellant suffered a stroke while working on an assembly line. Substantial disability resulted, which she alleges is compensable as being accident- related. The trial judge disagreed, and she appeals. Our review is de novo, with the presumption that the judgment is correct unless the evidence otherwise preponderates. TENN. CODE ANN. _ 5-6-225(e)(2). Mrs. McKamey is 49 years old, with limited skills and education. Her assembly-line job involved the sewing of shirt collar stays, which may be fairly described as repetitive and monotonous. On May 12, 1992, while working the 7: a.m. to 3:3 p.m. shift, she suffered a stroke shortly before the end of her shift which resulted in total vocational disability. She alleges that, like all other employees, she was expected to make production, with its attendant pressures and tensions, which caused or contributed to the stroke. Causation is the dispositive issue. The proof revealed that Mrs. McKamey had been suffering from hypertension for years and had been regularly taking medication for that disease since 1988. She had smoked cigarettes since age 14; at the time of her stroke, she smoked more than twenty per day. Responding to a hypothetical question, Dr. John Purvis, a neurosurgeon, testified that the sewing of hundreds of collar stays during a regular shift could be a contributory factor to the cerebral accident, depending upon a resolution of certain factors, those being arteriosclerosis and hypertension, the former being aggravated or caused by smoking which "played a part" and contributed to her pre-existing condition. The inducing causes of her stroke was the rupture of a blood vessel. After reviewing a videotape of the assembly-line workers, Dr. Purvis testified as -2-
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Frank V. Williams, III |
Knox County | Workers Compensation Panel | 06/25/96 | |
| Brenda Gail Ward v. United States Fidelity and Guaranty Company
03S01-9509-CH-00109
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's insurer contends the evidence preponderates against the award of permanent disability benefits. The panel concludes the judgment should be reversed and the cased dismissed. The only issue litigated at trial was the extent of the claimant's permanent disability, if any. On February 19, 1993, the employee or claimant, Brenda Gail Ward, was sweeping a floor for her employer, United Parcel Service, when she suddenly slipped and fell, injuring her back, neck and shoulder. On April 7, 1993, she visited Dr. David Hauge, who treated her until January 26, 1994. Dr. Hauge diagnosed chronic degenerative changes unrelated to the above accident. His diagnosis was confirmed by an MRI of the spine. He found no evidence of an acute injury, except some muscle spasm which was resolved with physical therapy. He estimated her permanent impairment from her degenerative changes at nine percent to the whole body, but provided no proof of medical causal connection to the work-related accident. Approximately two years after the accident, the claimant was evaluated by Dr. William E. Kennedy, who found no permanent anatomical injury or change as a result of the work-related accident, but assessed her permanent impairment from her subjective complaints of pain at eight percent to the whole person. A vocational expert, Norman Hankins, estimated her industrial disability at between thirty-four and sixty-one percent, depending on her physical restrictions. The chancellor awarded permanent partial disability benefits based on forty-five percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of the trial court, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Billy Joe White, |
Campbell County | Workers Compensation Panel | 06/25/96 | |
| Debbie G. Farrow v. Phillips Consumer Electronics Company
03S01-9508-CV-00089
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, Farrow, contends the evidence preponderates against the trial court's finding that her injury did not arise out of her employment. The panel concludes that the judgment should be reversed and the case remanded for an award of benefits. On October 6, 1993, the claimant was injured while she was hurriedly walking from her work station to the cafeteria at the start of a ten minute break period. She had almost reached the stop of a stairway when she came down hard on her foot, injuring her knee. She suffered internal knee derangement, according to the operating surgeon. The trial judge found that the injury occurred in the course of employment, but did not arise out of the employment, as required. 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). Conclusions of law are subject to de novo review without any presumption of correctness. Presley v. Bennett, 86 S.W.2d 857 (Tenn. 1993). Generally, an injury arises out of employment if it has a rational causal connection to the work; and any reasonable doubt as to whether an injury arose out of the employment or not is to be resolved in favor of the employee. Hall v. Auburntown Industries, Inc., 684 S.W.2d 614 (Tenn. 1985); White v. Werthan Industries, 824 S.W.2d 158 (Tenn. 1992). Where an employee is injured on the employer's premises during a break period provided by the employer, such an injury is generally compensable. Wellington v. John Morrell and Co., 619 S.W.2d 116 (Tenn. 1981); Drew v. Tappan Co., 63 S.W.2d 624 (Tenn. 1982); Holder v. Wilson Sporting Goods Co., 723 S.W.2d 14 (Tenn. 1987). The rule is derived from the notion that an employer who directs or permits his employees to eat at a place provided for that purpose or otherwise within the premises, owes such employees the same duty of protection from danger there that it does at the place where the employees work. Johnson Coffee Co. v. McDonald, 143 Tenn. 55, 226 S.W. 215 (192). On the strength of those authorities, the panel finds that the evidence preponderates against the trial court's finding and in favor of a finding that the claimant's injury is compensable. The judgment of the trial court is accordingly reversed and the case remanded to the trial court for an award of benefits. Costs on appeal are taxed to the defendant-appellee. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Wheeler Rosenbalm, |
Knox County | Workers Compensation Panel | 06/25/96 | |
| 01S01-9601-CC-00022
01S01-9601-CC-00022
|
Supreme Court | 06/24/96 | ||
| 01S01-9601-CC-00022
01S01-9601-CC-00022
|
Supreme Court | 06/24/96 | ||
| 01S01-9412-FD-00155
01S01-9412-FD-00155
|
Supreme Court | 06/24/96 | ||
| 01S01-9510-CC-00173
01S01-9510-CC-00173
Originating Judge:Donald P. Harris |
Supreme Court | 06/24/96 | ||
| 03C01-9506-CR-00181
03C01-9506-CR-00181
|
Hamilton County | Court of Criminal Appeals | 06/24/96 | |
| Gene v. Aaby,
03S02-9507-CH-00073
|
Supreme Court | 06/24/96 | ||
| State of Tennessee v. Maurice Lydell Purdy
W2000-00460-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 06/23/96 | |
| 03C01-9503-CR-00061
03C01-9503-CR-00061
Originating Judge:William R. Holt |
Cocke County | Court of Criminal Appeals | 06/21/96 | |
| O1C01-9503-CC-00100
O1C01-9503-CC-00100
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 06/21/96 | |
| Farhad Yasin Sorani v. Royal Insurance Company of America and Kenco Plastics, Inc.
01S01-9510-CH-00179
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 judge awarded compensation to the worker based on 5% permanent partial disability to both arms. Because we find that the evidence preponderates against the award, we modify it to 25% disability to both arms. I. Mr. Sorani, an Iraqi Kurdish refugee, went to work for Kenco Plastics, Inc. on or about February 1, 1994. His duties included gripping and cutting plastic, and involved repetitive hand movements. On May 16, 1994 he went to the Sumner County Regional Medical Center complaining of soreness in his left arm. He was diagnosed with tendonitis and put on light duty for seven days. On June 24, 1994 Mr. Sorani consulted an orthopaedic specialist for pain and numbness in both hands. An examination resulted in a diagnosis of bilateral carpal tunnel syndrome. On July 2, 1994 he was referred to another specialist, for complaints of numbness and tingling in the fingers of both hands. This specialist confirmed the carpal tunnel syndrome diagnosis and concluded that it was caused or aggravated by the work at Kenco Plastics. The doctor treated Mr. Sorani conservatively until October 28, 1994 when he performed carpal tunnel release surgery on the right hand. Following the surgery, Mr. Sorani suffered from an involuntary "triggering" movement in the ring finger on his right hand. His doctor thought that the condition would improve on its own if he was given three weeks rest. The doctor - 2 -
Authoring Judge: Ben H. Cantrell, Special Judge
Originating Judge:Hon. Jane W Heatcraft, Judge |
Sumner County | Workers Compensation Panel | 06/20/96 | |
| Martin Ellison Hughes v. Pioneer Plastics, Inc. and WaUSAu Insurance Co.
03S01-9509-CV-00110
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 injured his lower back lifting a heavy machine part at work on June 21, 1994. The trial court awarded him 5 percent permanent partial disability to the body as a whole and denied plaintiff's request for payment in lump sum. We affirm the judgment of the trial court. Plaintiff's injury at work on June 21, 1994 resulted in a herniated disc at L4- L5 which was treated conservatively without improvement. He underwent surgical repair on September 6, 1994 by Dr. Steven A. Sanders. He reached maximum medical improvement on February 5, 1995 and Dr. Sanders assessed 1 percent permanent partial impairment. Plaintiff was limited to lifting no greater than 35 pounds occasionally or 17 pounds frequently or five pounds constantly. He was told not to work at a job requiring constant bending. Plaintiff underwent independent medical examination by Dr. Gilbert Hyde, orthopedic surgeon, on March 1, 1995. Dr. Hyde also opined that plaintiff had reached maximum medical improvement and assessed 15 percent permanent partial impairment to the body as a whole. He opined the plaintiff should not lift over 25 pounds, not repetitively lift over 1 to 15 pounds, and do no prolonged riding, driving, sitting, bending, twisting or stooping. Dr. Norman Hankins, vocational specialist, evaluated plaintiff on March 13, 1995. He opined plaintiff is 48 percent to 64 percent vocationally disabled, with the variance owing to the differences in limitations placed on plaintiff by Drs. Sanders and Hyde. Plaintiff testified that he is in constant pain in his lower back and right leg. He has trouble sleeping due to the pain and cannot put any pressure on his right leg. He cannot drive, and a friend takes him where he needs to go. He does not believe he is able to work. Our review is de novo on the record with a presumption that the findings of 2
Authoring Judge: Senior Judge John K. Byer
Originating Judge:Hon. Ben K. Wexler |
Knox County | Workers Compensation Panel | 06/20/96 |
