Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 11/29/2014
Format: 11/29/2014
X2010-0000-XX-X00-XX
Anderson County Court of Appeals 06/13/96
X2010-0000-XX-X00-XX
Court of Appeals 06/13/96
X2010-0000-XX-X00-XX
Court of Appeals 06/13/96
X2010-0000-XX-X00-XX
Court of Appeals 06/13/96
State of Tennessee v. Janalee Annette Wilson
W2002-02402-CCA-R3-CD
Madison County Court of Criminal Appeals 06/12/96
01C01-9504-CC-00108
Dickson County Court of Criminal Appeals 06/11/96
01C01-9504-CC-00109
Pickett County Court of Criminal Appeals 06/11/96
01C01-9506-CC-00196
Williamson County Court of Criminal Appeals 06/11/96
01C01-9508-CR-00249
Davidson County Court of Criminal Appeals 06/11/96
01C01-9509-CC-00313
Rutherford County Court of Criminal Appeals 06/11/96
01C01-9509-CR-00289
Davidson County Court of Criminal Appeals 06/11/96
02A01-9504-CH-00094
Hardeman County Court of Appeals 06/11/96
02A01-9504-CV-00082
Court of Appeals 06/11/96
03A01-9510-BC-00355
Court of Appeals 06/11/96
03A01-9601-CV-00004
Court of Appeals 06/11/96
03A01-9603-CH-00095
Court of Appeals 06/11/96
03C01-9503-CR-00106
Bledsoe County Court of Criminal Appeals 06/11/96
X2010-0000-XX-X00-XX
Sullivan County Court of Appeals 06/11/96
X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
X2010-0000-XX-X00-XX
Court of Appeals 06/11/96
Teresa Davis v. Tecumseh Products Company
02S01-9512-CV-00125
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. The only issue is the extent of the claimant's permanent partial disability. The panel concludes that the award of benefits on the basis of forty percent to both arms should be affirmed. The claimant, Teresa Davis, is thirty-five and has a tenth grade education. As noted by the trial judge, she has obvious intellectual limitations and her only working experience is in the field of manual labor. At the time of the trial she had not been able to find employment within her limitations. She gradually developed bilateral carpal tunnel syndrome at work and was referred to Dr. Glenn Barnett, who performed surgical releases on both arms and, when she continued to have pain when attempting to work, referred her to occupational therapy. He assessed her permanent impairment at five percent to each upper extremity. Her attorney referred her to Dr. Joseph Boals, who assessed her permanent impairment at ten percent to each upper extremity based on loss of grip strength following bilateral carpal tunnel release surgery. Dr. Ray Hester opined that she would not be able to perform repetitive work in the future. Other medical evidence confirmed the permanency of her injury. 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). Considerable deference is accorded the trial judge's findings with respect to the credibility of witnesses who testify in person, as well as the weight and value of such testimony. Landers v. Fireman's Fund Insurance Company, 775 S.W.2d 355, 356 (Tenn. 1989). In determining a claimant's permanent industrial disability, the trial court should consider, in addition to the extent of medical impairment, many factors, including job skills, education, age, training, duration of disability and local job opportunities for the disabled. Worthington v. Modine Manufacturing Co., 798 S.W.2d 232, 234 (Tenn. 199). The trial judge expressly found that there are few work opportunities for the claimant in her disabled condition, contrary to the contention of the employer that there are numerous jobs available to her. The evidence fails to preponderate against that finding or the finding that she will retain a permanent impairment of forty percent to both arms. The judgment of the trial court is accordingly affirmed. Costs on appeal are taxed to the defendant-appellant. 2
Henry County Workers Compensation Panel 06/11/96
Teresa Davis v. Tecumseh Products Company
02S01-9512-CV-00125
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Henry County Workers Compensation Panel 06/11/96
01S01-9503-CC-00034
Supreme Court 06/10/96