Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 09/01/2015
Format: 09/01/2015
02S01-9509-CH-00084
Supreme Court 10/28/96
02S01-9512-CV-00122
Shelby County Supreme Court 10/28/96
01A01-9604-CH-00177
Davidson County Court of Appeals 10/25/96
01A01-9603-CV-00122
Wilson County Court of Appeals 10/25/96
01A01-9604-CV-00180
Sumner County Court of Appeals 10/25/96
02A01-9508-CV-00185
Madison County Court of Appeals 10/25/96
02A01-9508-CV-00185
Madison County Court of Appeals 10/25/96
X2010-0000-XX-X00-XX
Court of Appeals 10/25/96
Phillip L. Pyrdum v. Teledyne Systems Company Inc., Teledyne Lewisburg
01S01-9601-CH-00009
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. _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
Marshall County Workers Compensation Panel 10/25/96
Alva Marie Reynolds v. Wal-Mart Stores, Inc.
01S01-9509-CH-00172
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 findings of fact and conclusions of law to the Supreme Court. Alva Marie Reynolds, the plaintiff- employee, appeals the decision of the Coffee County Chancery Court denying her relief on her worker's compensation claim. On appeal, the sole issue is whether the trial court erred in finding that the plaintiff failed to carry the burden of proving that she sustained an injury arising out of her employment. The trial court found plaintiff 's injury was the result of a pre-existing idiopathic condition. On January 5, 1993, the plaintiff, who was at that time sixty-two years old, sustained an injury to her ankle when she fell at her place of employment, Wal- Mart. The plaintiff had worked at Wal-Mart in diverse capacities for eleven years before her accident, and at the time of her injury, she had been working in the fitting room area for a couple of years. In addition to monitoring the clothing which was brought in and out of the fitting room, she answered Wal-Mart's incoming calls, made announcements, and paged employees within the store. Regarding her fall, the plaintiff testified that, after being told to take a hurried break, she rushed out of the fitting room and fell at the point that the floor changed from carpet to tile. She testified that she had not previously experienced numbness in her legs nor had she ever fallen at work or home before this incident. The plaintiff worked the remainder of the day and did not see a doctor until the next day when her ankle was diagnosed as being broken. On cross-examination, the plaintiff acknowledged that in two depositions taken after the accident, she did not mention that she was in a hurry at the time that she fell. She explained that she did not remember this until later. However, in a deposition 2
Coffee County Workers Compensation Panel 10/25/96
William O. Worley, Jr. v. Tecumseh Products Company
01S01-9509-CV-00160
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. In this case, the trial court awarded 45% permanent partial disability to the right arm. Defendant contends that the evidence does not support the percentage of disability awarded and requests that this court reduce and amend the judgment of the trial court accordingly. The Defendant also contends that the trial court erred in accrediting the testimony of Plaintiff's expert witness over the testimony of the treating physician. The final issue is whether the trial court erred in awarding discretionary costs for the deposition of Plaintiff's expert medical witness. The Defendant also raises the issue of whether the trial court erred in awarding a lump sum. As the benefits have now accrued, this issue is moot. On June 19, 1992, Plaintiff injured his right arm and wrist while working on a machine. Plaintiff is 48 years old and has a high school education. His work experience consists of working in the parts department, as a mechanic, as a tool and die worker, on a surveying crew, as a fire fighter, as a guard, and as a water pipeline repairer. Each of these jobs required heavy manual labor and the use of Plaintiff's arms and hands. Plaintiff had been employed at Tecumseh for approximately a year and a half when he sustained the injury. Dr. L. L. Carter, Jr. treated the Plaintiff after he was injured. Dr. Carter first examined Plaintiff on July 7, 1992. Dr. Carter testified, by deposition, that the nerve conduction tests showed elbow nerve and wrist nerve damage. Initially, Dr. Carter treated this condition conservatively, with a wrist splint, with no improvement. On August 31, 1992, Dr. Carter performed ulnar nerve decompression and submuscular transposition. At the same time, carpal tunnel release in the right hand and a nerve graft to the neuroma on the right wrist were performed. Three days later, Plaintiff was told to return to light work. Plaintiff was returned to regular work on December 15, 1992. Dr. Carter did not see Plaintiff again until January 8, 1993, at the request of
Sequatchie County Workers Compensation Panel 10/25/96
01C01-9312-CR-00439
Davidson County Court of Criminal Appeals 10/24/96
01C01-9509-CC-00293
Williamson County Court of Criminal Appeals 10/24/96
01C01-9511-CR-00397
Davidson County Court of Criminal Appeals 10/24/96
01C01-9601-CC-00018
Maury County Court of Criminal Appeals 10/24/96
02A01-9603-CH-00055
Shelby County Court of Appeals 10/24/96
03A01-9603-CH-00100
Court of Appeals 10/24/96
03A01-9603-CH-00113
Court of Appeals 10/24/96
X2010-0000-XX-X00-XX
Court of Appeals 10/24/96
01S01-9610-CH-00211
Supreme Court 10/23/96
03A01-9603-CV-00110
Court of Appeals 10/23/96
X2010-0000-XX-X00-XX
Court of Appeals 10/23/96
X2010-0000-XX-X00-XX
Hamblen County Court of Appeals 10/23/96
X2010-0000-XX-X00-XX
Court of Appeals 10/23/96
X2010-0000-XX-X00-XX
Court of Appeals 10/23/96