Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 02/13/2016
Format: 02/13/2016
Williams v. Sweetwater
03S01-9607-CH-00084
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 alleged a work-related aggravation of a pre-existing non-work-related back condition. She alleged that medical expenses and temporary total disability benefits had been paid by the employer but sought permanent partial disability, future medical expenses and discretionary costs. The trial court found that the temporary aggravation of her back condition had resolved with no permanent impairment and awarded no future benefits. We affirm the judgment of the trial court. Plaintiff, a registered nurse, injured her back at home in June, 1992. Dr. David Hauge, orthopedic surgeon, performed lumbar disk surgery at L4-L5 on November 19, 1992 and returned plaintiff to work the following January with lifting restrictions. Plaintiff alleged that on January 25, 1993, she re-injured her back while lifting a patient at work. Dr. Hauge placed her on temporary total disability for three weeks and treated her conservatively, after which she returned to work again. Dr. Hauge opined that 2 percent of patients who have disk surgery experience recurrent herniations of the same disk. There are various causes of such recurrences, some related to the surgery itself and some which are due to just normal activity. He could not state within reasonable medical certainty whether or not plaintiff's recurrent herniation was work-related. Dr. Hauge opined that the original, non-work-related injury resulted in eleven percent permanent partial disability to the body as a whole: "I would state that the 11% impairment to the body . . . is a result of the injury she sustained in June, 1992 and her subsequent surgery. The percentage impairment this patient has did not change as a result of the January, 1993 incident, although it certainly can be argued that she was much more likely to have an aggravation requiring medical treatment because of the existence of this previous problem." Our review of the findings of fact made by the trial court is de novo upon the 2
Knox County Workers Compensation Panel 05/29/97
Dockery vs. Estate of Jack C. Massey
01A01-9611-CH-00531
Davidson County Court of Appeals 05/28/97
International Collection Services vs. Bailey
01A01-9702-CH-00072
Davidson County Court of Appeals 05/28/97
American Steinwinter Investment Group vs. American Steinwinter, Inc.
01A01-9607-CH-00350
Davidson County Court of Appeals 05/28/97
State, ex. rel., Douglas Sizemore vs. United Physicians Insurance
01A01-9610-CH-00484
Davidson County Court of Appeals 05/28/97
Burke vs. The TN. Walking Horse Breeders
01A01-9611-CH-00511
Marshall County Court of Appeals 05/28/97
Grace vs. Grace, Jr.,
01A01-9611-CV-00534
Davidson County Court of Appeals 05/28/97
State vs. Lee
03C01-9607-CR-00277
Knox County Court of Criminal Appeals 05/28/97
Blevins vs. State
03C01-9611-CR-00396
Washington County Court of Criminal Appeals 05/28/97
Grimsley vs. State
03C01-9701-CR-00017
Hamilton County Court of Criminal Appeals 05/28/97
X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
Robin Lethco and husband, Mark Lethco v. John Huffman, M.D.
03A01-9610-CV-00340

The sole issue on this appeal, as stated by the appellant, is whether the trial court erred in dismissing this action on motion for summary judgment. More properly stated, the issue is whether or not the trial court abused its discretion by denying a motion for a continuance of the hearing for summary judgment or alternatively whether the trial court abused its discretion in denying the plaintiffs relief from the summary judgment. We find no error on the part of the trial court and accordingly affirm the judgment.

Blount County Court of Appeals 05/28/97
X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
X2010-0000-XX-X00-XX
Court of Appeals 05/28/97
Stewart v. City of Johnson City
03S01-9606-CH-00066
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.
Stewart County Workers Compensation Panel 05/28/97
02A01-9608-CH-00196
Shelby County Court of Appeals 05/27/97
The Mirage Casino-Hotel vs. Pearsall
02A01-9608-CV-00198
Shelby County Court of Appeals 05/27/97
Harris vs. Dominon Bank of Middle TN., et. al.
01A01-9609-CH-00444
Montgomery County Court of Appeals 05/23/97
Williams vs. Williams
01A01-9610-CV-00468
Court of Appeals 05/23/97
01A01-9612-CV-00563
Williamson County Court of Appeals 05/23/97
Washington vs. Department of Corrections
01A01-9506-CH-00276
Davidson County Court of Appeals 05/23/97
Taylor, et. al. vs. T&N Office Equipment
01A01-9609-CV-00411
Sumner County Court of Appeals 05/23/97
Williams vs. Williams
01A01-9610-CV-00468
Court of Appeals 05/23/97
Dorothy Lewis vs. Julie Donoho
02A01-9708-CV-00201
Court of Appeals 05/23/97