Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 09/04/2015
Format: 09/04/2015
Gary Higginbotham v. Grinnell Corp.
02S01-9611-Ch-00101
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 50-6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law.
Chester County Workers Compensation Panel 08/18/97
Paul King v. Goodyear Tire & Rubber Co.
02S01-9611-CH-00100
This workers' compensation appeal has been referred to this Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5- 6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue presented on this appeal is whether or not the requirements of T.C.A. _ 5-6-241, limiting an award of permanent partial disability to 2 _ times the medical impairment rating, should have been applied to the award in this case. It is not disputed that the claimant sustained an accidental injury arising out of and in the course of his employment with the defendant employer when, on July 11, 1994, w hile working as a tirebuilder, he sustaine d an injury to his left shoulder. He subse quently saw Dr. James R. Wilkinson, an orthopedic surgeon. On October 6, 1994, Dr. Wilkinson performed a surgical procedure on his shoulde r which in volved dis secting the d eltoid muscle, removing the coracoac romial ligam ent and ch anging the anatomic construct of the shoulder. Dr. Wilkinson gave his o pinion that the claimant had sustained a permanent anatomical impairment of 6% to the left upper e xtremity due to joint crepitation, which amounted to 4% of the body as a whole. He agreed that, based upon his range of motion, his impairment should be an extra 2%. Dr. Wilkinson testified that he would expect claimant to have some weakness in his shoulder and would benefit from possibly avoiding overhead and heavy lifting and push ing a nd p ullin g aw ay fro m hi s bod y. He felt that claimant could have some problems with his shoulder performing his previous job. Dr. Wilkinson's rating conv erts to 4% physical impairment to the body as a whole. On January 6, 1995, claimant was released by Dr. Wilkinson to return to work, and he did return to w ork with th e defend ant emplo yer at his previous job, earning the same wages. On Ma y 1, 1995, claimant saw D r. Robert Barnett one time at the suggestion of his attorney. Claimant gave a history to Dr. Barnett of popping and creaking in his shoulder, which had impro ved, but said that he still felt the s ensation of it when he moved h is shoulder. 2
Wayne County Workers Compensation Panel 08/18/97
Sharon Rivers v. Cigna Property & Casualty Co.
02S01-9612-CV-00105
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated Section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The first issue presented to the Court is whether or not the trial court erred in finding that the plaintiff was entitled to benefits for permanent partial disability based upon fif ty percent (5%) to the left lower extremity. It is not disputed that the claimant sustained an accidental injury arising out of and in the course of her employment with the defendant on January 24, 1995, when her left foot became crushed between pieces of equipment. She did not have a fracture but had a crush injury of the soft tissue to the left foot. She was placed in a cast and given medication and recommendations for exercise and warm soaks. She eventually returned to work around March 1, 1995. She was under the treatment of the physician provided by the employer but was released to resume her work and she did resume her regular work as a stacker machine operator for approximately one year. She continued to have complaints of pain and irritation in her ankle from time to time and saw the company doctor. Some time after July 11, 1995, her supervisor told her that the employer would not be responsible for her doctor's bill for the preceding visit to the company doctor. Subsequent to that, however, she returned to see the company doctor, who saw her without expense to her. He felt that she reached maximum medical recovery on July 25, 1995 and opined that she had not suffered any permanent impairment. He concluded that she had sustained a soft tissue injury without any fracture or disarrangement of the joint. On January 17, 1996, Plaintiff's attorney referred her to a rheumatologist in Memphis without prior notice or consultation with the employer. She was subsequently seen and treated by the rheumatologist. She had been satisfied with the treatment given to her by the company doctor before her supervisor told her that his bill would not be paid. The rheumatologist has testified that the claimant suffered a fifteen percent (15%) permanent impairment to her left lower extremity. He based his opinion upon his 2
Madison County Workers Compensation Panel 08/18/97
Gary Higginbotham v. Grinnell Corp.
02S01-9611-Ch-00101
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 50-6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue for this panel to decide is whether or not this action is barred by thelimitations contained within the Workers' Compensation Act, T.C.A. _ 50-6-203 and _ 50-6-224. Those sections read as follows:
Chester County Workers Compensation Panel 08/18/97
Danny J. Cole vs. State
01C01-9608-CR-00333
Davidson County Court of Criminal Appeals 08/15/97
State vs. Marshall Lane Scruggs
01C01-9608-CR-00375
Sumner County Court of Criminal Appeals 08/15/97
State vs. Willard C. Cook, Sr.
01C01-9501-CC-00001
Coffee County Court of Criminal Appeals 08/15/97
State vs. Willard C. Cook, Sr.
01C01-9501-CC-00001
Coffee County Court of Criminal Appeals 08/15/97
State vs. Bryan Hanley
01C01-9508-CC-00266
Hickman County Court of Criminal Appeals 08/15/97
State vs. Antonio Demonte Lyons
01C01-9508-CR-00263
Davidson County Court of Criminal Appeals 08/15/97
Tony A. Makoka v. State
01C01-9603-CC-00124
Rutherford County Court of Criminal Appeals 08/15/97
State vs. Anand Franklin
01C01-9603-CR-00101
Davidson County Court of Criminal Appeals 08/15/97
State vs. Charles Clay Young
01C01-9605-CC-00195
White County Court of Criminal Appeals 08/15/97
State vs. Charles Clay Young
01C01-9605-CC-00195
White County Court of Criminal Appeals 08/15/97
State vs. Robert Apollo Cantrell & Lorene E. Weakley
01C01-9605-CC-00216
Court of Criminal Appeals 08/15/97
Amos Curtis Copeny vs. State
01C01-9606-CR-00240
Davidson County Court of Criminal Appeals 08/15/97
Kim Lamar Witt vs. State
01C01-9606-CR-00274
Davidson County Court of Criminal Appeals 08/15/97
Debbie Lee Givens vs. State
01C01-9608-CR-00372
Davidson County Court of Criminal Appeals 08/15/97
01CO1-9605-CR-00201
Wilson County Court of Criminal Appeals 08/15/97
State vs. Johnny Goode
02C01-9611-CR-00428
Shelby County Court of Criminal Appeals 08/15/97
State vs. Martin Terrell
02C01-9701-CC-00001
Tipton County Court of Criminal Appeals 08/15/97
State vs. Shannon Potter
02C01-9702-CR-00073
Shelby County Court of Criminal Appeals 08/15/97
State vs. Montro Taylor
02C01-9703-CR-00114
Shelby County Court of Criminal Appeals 08/15/97
State vs. David Davenport
02C01-9612-CC-00444
Henderson County Court of Criminal Appeals 08/14/97
01A01-9702-
Davidson County Court of Appeals 08/13/97