Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 07/31/2014
Format: 07/31/2014
01A01-9604-CH-00149
Court of Appeals 10/18/96
01A01-9604-CH-00191
Davidson County Court of Appeals 10/18/96
03C01-9506-CR-00169
Campbell County Court of Criminal Appeals 10/18/96
State vs. John Wayne Slate
03C01-9511-CC-00352
Sevier County Court of Criminal Appeals 10/18/96
State vs. John Wayne Slate
03C01-9511-CC-00352
Sevier County Court of Criminal Appeals 10/18/96
03C01-9512-CC-00381
Sevier County Court of Criminal Appeals 10/18/96
01C01-9509-CR-00304
Davidson County Court of Criminal Appeals 10/17/96
01C01-9404-CC-00120
Maury County Court of Criminal Appeals 10/17/96
01C01-9509-CC-00292
Williamson County Court of Criminal Appeals 10/17/96
01C01-9511-CC-00372
Williamson County Court of Criminal Appeals 10/17/96
01C01-9511-CC-00381
Williamson County Court of Criminal Appeals 10/17/96
01C01-9512-CC-00416
Hickman County Court of Criminal Appeals 10/17/96
01C01-9512-CC-00431
Robertson County Court of Criminal Appeals 10/17/96
01C01-9512-CR-00427
Davidson County Court of Criminal Appeals 10/17/96
02C01-9510-CC-00320
Madison County Court of Criminal Appeals 10/17/96
James v. Ball
02C01-9510-CR-00291
Shelby County Court of Criminal Appeals 10/17/96
02C01-9602-CC-00066
Madison County Court of Criminal Appeals 10/17/96
02A01-9508-CV-00175
Shelby County Court of Appeals 10/17/96
02A01-9604-CH-00091
Fayette County Court of Appeals 10/17/96
02C01-9507-CC-00203
Benton County Court of Criminal Appeals 10/17/96
02C01-9510-CC-00292
Madison County Court of Criminal Appeals 10/17/96
02C01-9510-CC-00315
Madison County Court of Criminal Appeals 10/17/96
02C01-9512-CR-00375
Shelby County Court of Criminal Appeals 10/17/96
02C01-9601-CR-00038
Shelby County Court of Criminal Appeals 10/17/96
Juanita D. Bean 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 Ms. Bean $8,831.4 permanent partial disability benefits, representing forty-eight (48) weeks at the benefit rate of $183.98 per week, or twelve percent (12%) to the body as a whole; future medical expenses pursuant to the Tennessee Workers' Compensation Act; and reasonable costs of Dr. Rodriguez services. The trial court also allowed attorneys fees of twenty percent (2%) of the award, in the amount of $1,766.21, 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 the 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. Bean filed her 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. Bean alleged that she suffered injuries as a result of exposure to chemicals in use at the CKR Plant. The case was consolidated with three (3) other cases for trial due to significant similarities in the cases. The opinion of the Court on the first issue is contained in the case of Angela K. Hill v. Royal Insurance Company and CKR Industries, Inc., No. 1S1-955-CH-71, filed simultaneously with this opinion. The Court held that the trial court did not err in finding that a vocational disability existed based upon the testimony of the medical experts that a permanent medical restriction existed which constitutes a permanent partial disability under the W orker's Compensation Act, even though no medical impairment rating was given by any of the
Franklin County Workers Compensation Panel 10/17/96