Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 05/23/2015
Format: 05/23/2015
Franklin Hartsell v. Dallas & Mavis Forwarding Co., et al.
01S01-9608-CH-00164
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 plaintiff, age 54, suffered a job-related myocardial infarction on March 1, 1994. A coronary arteriogram revealed an 8% blockage of his left anterior descending artery which was alleviated by an angioplasty procedure which reduced the blockage to less than 15%. Conservative treatment followed, and he was released to return to full employment on January 1, 1994. From that day forward, the plaintiff has worked steadily and without incident. In July 1991, the plaintiff was hospitalized with chest pains. A cardiac catheterization was performed, which revealed a serious lesion in his left circumflex coronary artery at the left ventricular ridge, with another lesion in his left anterior descending coronary artery. After the 1994 infarction, the lesion in the left anterior artery was substantially worsened. The employer insists that the award is excessive because it was improperly onerated with liability for impairment resulting from pre-existing coronary artery disease. Liability for benefits resulting from impairment as a consequence of the myocardial infarction is conceded. The dispositive issue at trial was the extent of the plaintiff's partial permanent disability. The Chancellor found that the plaintiff had a 5% permanent partial disability and awarded benef its accordingly. Our review is de novo on the record, accompanied by the presumption that the trial court's judgment is correct unless the evidence preponderates otherwise. T.C.A. _ 5-6-225(e)(2). The treating physician, Dr. K.P. Channabasappa, testified that the plaintiff's impairment was 29%, which may be extrapolated to Category II of the AMA Guidelines. He stated in a pre-deposition letter that "it is 29%" and on direct examination testified that the impairment was 29%. There was no countervailing testimony offered. 2
Franklin County Workers Compensation Panel 05/16/97
Margaret Ann Scruggs v. National Health Corp.
01S01-9504-CH-00052
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. For the reasons set forth below, the judgment of the trial court is affirmed. The plaintiff, Margaret Ann Scruggs, injured her neck on December 25, 1991, while employed as a nurse's aid by the defendant, National Healthcorp, L.P., d/b/a/ Merihil Health Care Center, Inc. The plaintiff, was 52 years old at the time of trial. She did not finish the seventh grade. Her employment history consists of working as a private sitter and in various restaurants and factories. She has had training as a nurse's aide. Plaintiff was first treated for her work-related neck injury by Dr.Kenneth J. Phelps. She informed Dr. Phelps that she was experiencing pain from her neck that was radiating down into her left arm causing loss of grip strength in her hand. Dr. Phelps confirmed plaintiff's complaint of pain and loss of grip strength, scheduled physical therapy and imposed lifting restrictions. Dr. Phelps continued to see plaintiff through October, 1992, because she continued to complain of symptoms similar to those she had complained of after the accident. She also indicated she had additional problems such as pain down her back and into her left leg, spasms in her back, difficulty sleeping and panic attacks. From January of 1993 through January of 1994, plaintiff was treated by Dr. Richard Fishbein, an orthopedic surgeon. Dr. Fishbein diagnosed plaintiff as 2
Marshall County Workers Compensation Panel 05/16/97
Michael Siniard v. Saturn Corporation
01S01-9609-CV-00175
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 plaintiff, age 43, remains employed by Saturn Corporation, where he began in 199. He developed carpal tunnel syndrome in both wrists in 1994 and was provided with splints, medication, and access to physical therapy. In time the plaintiff was referred to Dr. James W iesman, an orthopedic surgeon, who performed a carpal tunnel release on his right hand. He returned to work for Saturn which assigned him a job not involving repetitive use of his hands. The plaintiff filed this complaint seeking benefits for a permanent partial disability occasioned by the asserted impairment caused by the carpal tunnel syndrome. The trial judge awarded benefits based on a finding of ten percent permanent partial disability to his right arm. The plaintiff appeals, insisting the award is inadequate for the reasons hereafter discussed. The treating physician testified that the release surgery was successful and that the plaintiff retained a two (2) percent impairment to his right arm. The plaintiff was referred by his attorney to Dr. David W. Gaw, also an orthopedic surgeon, for evaluation. Dr. Gaw saw the plaintiff only on one occasion. He conducted various tests and concluded that the plaintiff had a ten percent permanent partial impairment to his right arm. He disdained as unauthorized by the AMA Guides an evaluation of two (2) percent impairment as found by Dr. Wiesman. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 584 (Tenn. 1991). The plaintiff criticizes Dr. Wiesman for his alleged failure to use the AMA Guides. While Dr. Wiesman apparently was not enamored by the Guides, he testified that "I used those Guides," and that "I did the impairment rating based on 2
Maury County Workers Compensation Panel 05/16/97
Naomi Gentry v. Lumbermens Mutual Co., et al.
01S01-9608-CH-00165
Smith County Workers Compensation Panel 05/16/97
Brandy Thatcher, b/n/f vs. Bobby Wyatt, et al
02A01-9605-CH-00114
Haywood County Court of Appeals 05/15/97
Georgia Keys vs. Memphis Carwash, Inc.
02A01-9605-CV-00113
Shelby County Court of Appeals 05/15/97
State vs. Mario Gutierrez
02C01-9502-CC-00043
Hardin County Court of Criminal Appeals 05/15/97
State vs. Johnny Smith
02C01-9602-CR-00061
Shelby County Court of Criminal Appeals 05/15/97
Gentry vs. Gentry
01A01-9611-CH-00512
Montgomery County Court of Appeals 05/14/97
Burgess & Carter vs. Mead Johnson
01A01-9609-CV-00436
Coffee County Court of Appeals 05/14/97
Nance vs. Nance
01A01-9611-CV-00515
Davidson County Court of Appeals 05/14/97
Estate of Edward P. Russell, Deceased
01A01-9611-PB-00516
Tracy Moore, B/N/F/ Shirley Moore vs. James Prescott, II 02A01-9609-CV-00227 View
Court of Appeals 05/14/97
03C01-9605-CC-00190
Cocke County Court of Criminal Appeals 05/14/97
State vs. Miller
03C01-9608-CR-00300
Sullivan County Court of Criminal Appeals 05/14/97
Portland Utilities Construction v. Chase Creek
M2002-02886-COA-R3-CV
A utilities contractor sued a subdivision developer for payment for work it performed on the subdivision's infrastructure. The court found that the developer was obligated to honor its contract by paying for work with a value of $313,829. The court also found that the developer was entitled to an offset of $55,955 for damages resulting from defects in the contractor's performance. The developer argues on appeal that the trial court erroneously declined to grant it additional offsets. We affirm the trial court.
Davidson County Court of Appeals 05/14/97
Gozenbach vs. Gozenbach
03A01-9609-CV-00314
Court of Appeals 05/13/97
Bunch vs. Bunch
03A01-9609-GS-00301
Court of Appeals 05/13/97
Crum vs. Lawing
03A01-9610-CH-00320
Greene County Court of Appeals 05/13/97
Bell vs. Carter
03A01-9610-CH-00334
Court of Appeals 05/13/97
Savco vs. Century
03A01-9611-CV-00360
Court of Appeals 05/13/97
Upper East Tenn. vs. Johnson
03A01-9701-CH-00011
Court of Appeals 05/13/97
State vs. Hicks
03C01-9602-CC-00064
Washington County Court of Criminal Appeals 05/13/97
State vs. Violet
03C01-9603-CC-00135
McMinn County Court of Criminal Appeals 05/13/97
State vs. Brown
03C01-9604-CC-00140
Hancock County Court of Criminal Appeals 05/13/97
State vs. Copeland
03C01-9605-CC-00196
Blount County Court of Criminal Appeals 05/13/97