Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 10/24/2014
Format: 10/24/2014
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
Helen Carroll v. Moore and Associates and Travelers Insurance Company
01S01-9512-CV-00221
Carroll County Workers Compensation Panel 10/17/96
Donna Forrester v. Oshkosh B'Gosh and Travelers Insurance Company
01S01-9511-JP-00206
This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. _50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Humphreys County Workers Compensation Panel 10/17/96
Billy Gibson v. Aetna Casualty and Surety Co. and Wolf Tree Experts, Inc.,
03S01-9602-CV-00012
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, Billy Gibson, was awarded 1 percent permanent disability benefits by the Circuit Court of Sevier County as a result of an accident on June 24, 1991, when he fell backward from a truck to the ground injuring his back. Defendants, Wolf Tree Experts, Inc. and The Aetna Casualty and Surety Company, have appealed insisting the evidence preponderates against the finding of total disability. Plaintiff is 4 years of age with a third grade education; he cannot read or write and was employed as a tree trimmer by defendant employer for almost twenty years; he had back surgery (ruptured disc) in 1978 but recovered sufficiently to work full time without any real problems; his injury as a result of the June 1991 accident resulted in another ruptured disc and this surgery did not appear to be successful; another surgical procedure was performed to remove bone fragments; he told the trial court he was not able to return to work as a tree trimmer or do any other type work on a regular basis; he admitted he had worked at what he called "piddling jobs" and said he was usually on the heating pad for several days after activity of this nature; his complaints of pain continued up to the date of the trial. Plaintiff's treating physician and surgeon was Dr. Archer W. Bishop, Jr., who testified by deposition. Dr. Bishop testified plaintiff continued to complain of pain during his entire treatment period, including the numerous visits after the last surgical procedure. He said at one point another surgery was contemplated but was not performed because he felt the chance of improvement was small. He gave plaintiff a 12 percent medical impairment and said he should avoid repetitive bending, stooping and heavy lifting of more than forty pounds. Craig R. Colvin, a disability management consultant, testified by 2
Sevier County Workers Compensation Panel 10/17/96
Angela K. Hill 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 Plaintiff Hill $16,212. permanent partial disability benefits, representing eighty (8) weeks at the benefit rate of $22.65 per week, or twenty percent (2%) permanent partial disability to the body as a whole; and future medical expenses pursuant to the Tennessee Workers' Compensation Act. The trial court also allowed an attorneys fee of twenty percent (2%) of the award, in the amount $3,242.4, 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 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. Hill filed the 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. Hill alleged that she suffered injuries as a result of exposure to chemicals in use at the CKR Plant. This case was consolidated with three (3) additional cases for trial due to significant similarities in the cases. At CKR, Ms. Hill worked as a Mucote sprayer. Mucote is a sealant, used to prevent rubber weather stripping from dryingout, and contains two solvents, toluene and methyl ethyl ketone. Ms. Hill began suffering from nose bleeds, difficulty in breathing, upset stomachs, and dizzy spells while at work. She complained to the human resources supervisor and safety and environmental coordinator about her symptoms and was moved to another position. When she was later returned to the spraying job,
Franklin County Workers Compensation Panel 10/17/96