EVELYN PENNY CORBIN v. NHC HEALTHCARE/MILAN, LLC
Court:TSC - Workers Comp Panel
Attorneys:
Charles H. Barnett, III, Beth Belew and Sara E. Barnett, Jackson,
Tennessee, for the appellant, NHC Healthcare/Milan, LLC.
Peter J. Dauster, Jackson, Tennessee, for the appellee, Evelyn Penny
Corbin
Judge: TURNBULL
First Paragraph:
This workers' compensation appeal has been referred to this panel in
accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and
reporting of findings of fact and conclusions of law. The employer
insists the award of 15% whole body disability is against the
preponderance of the evidence since the treating physician found no
impairment. We conclude that the evidence does not preponderate
against the award and affirm the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/corbinevelynp.wpd
BRIAN ENGEBRETSON v. ALLIED WASTE INDUSTRIES OF TENNESSEE, INC., a/k/a
BFI WASTE SYSTEMS OF NORTH AMERICA, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Richard L. Rickard, Germantown, Tennessee, for the appellant, Brian J.
Engebretson.
Ronald L. Harper and Alicia Y. Cox, Memphis, Tennessee, for the
defendants-appellees, Allied Waste Industries of Tennessee, Inc. and
American Home Assurance Company
Judge: TURNBULL
First Paragraph:
This workers' compensation appeal has been referred to this panel in
accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law. Employee appeals the trial court's finding of no permanent
disability as being against the preponderance of the evidence and
asserts error in the admission of medical evidence due to leading
questions. We find the trial court did not commit harmful error in
overruling objections to leading questions propounded to the medical
expert. We further find that the finding of no permanent disability is
against the preponderance of the evidence and fix the employee's
permanent disability at 30% to the left leg.
http://www.tba.org/tba_files/TSC_WCP/engebretsonbrian.wpd
ROBERT FOSTER v. MORROW TRUCKING, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Ricky L. Boren, Jackson, Tennessee, for the plaintiff/appellee, Robert
Foster.
Dale A. Tipps and Sara O. Thomas, Nashville, Tennessee for the
defendanst/appellants, Morrow Trucking, Inc. and Logistics Personnel
Corporation.
Paul G. Summers, Attorney General and Reporter; Richard M. Murrell,
Assistant Attorney General, for defendant-appellee, Second Injury
Fund, State of Tennessee.
Judge: TURNBULL
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. This case
was previously before the Panel in Foster v. Morrow Trucking, et al,
No. W2002-0041-WC-R3-CV (Foster I). In that appeal, the Panel remanded
the case to the trial court for specific findings of fact regarding
the percentage of disability that would have resulted from employee's
November, 1999 injury without consideration of his pre-existing
diabetic neuropathy. Upon remand the trial court fixed the permanent
partial disability resulting from the November, 1999 work related
injury at 50% to the body as a whole without any consideration of his
pre-existing disease. As discussed below, the Panel concludes that the
evidence does not preponderate against that finding and, accordingly,
affirms the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/fosterrobert.wpd
RONNIE HAMILTON v. AMERICAN TISSUE INCORPORATED d/b/a AMERICAN TISSUE
MILLS OF TENNESSEE, LLC., ET AL.
Court:TSC - Workers Comp Panel
Attorneys:
Steve Taylor, Memphis, Tennessee, for the appellant, Ronnie Hamilton
John R. Cannon, Jr., Memphis, Tennessee, Kimberly-Clark Corporation
Alex C. Elder, Memphis, Tennessee, for the appellee, Shepard Tissue,
Inc.
Judge: LOSER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. In this
appeal, the plaintiff/employee insists the trial court erred in
disregarding the testimony of Dr. Jay Segarra, the plaintiff's medical
expert and in making a conditional award of only 10 percent to the
body as a whole. The employers contend the trial court erred in
admitting into evidence the opinion testimony of Dr. Segarra because
Dr. Segarra is not licensed in Tennessee and because the doctor
committed a crime by providing medical service to the plaintiff in
Tennessee. As discussed below, the panel has concluded the trial
court committed no reversible error and that the evidence fails to
preponderate against the findings of the trial court.
http://www.tba.org/tba_files/TSC_WCP/hamiltonronnie.wpd
JEFFREY ALLEN NEWMAN v. MARVIN WINDOWS OF TENNESSEE, INC.
Court:TSC - Workers Comp Panel
Attorneys:
J. Arthur Crews, II, Waldrop & Hall, Jackson, Tennessee, for the
appellant, Marvin Windows of Tennessee, Inc.
Jay E. DeGroot, Law Office of Jeffrey A. Garrety, Jackson, Tennessee,
for the appellee, Jeffrey Allen Newman
Judge: LOSER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. In this
appeal, the employer insists the trial court's award of disability
benefits based on a percentage of disability to the hand is excessive
because there was no evidence of any unusual or extraordinary effect
on the hand. As discussed below, the panel has concluded the evidence
fails to preponderate against the findings of the trial court.
http://www.tba.org/tba_files/TSC_WCP/newmanjeffa.wpd
FRENCH R. BOLEN v. SIGNAGE SOLUTIONS, LLC, ET AL.
Court:TCA
Attorneys:
Edward L. Summers, Knoxville, Tennessee, for the Appellant, French R.
Bolen
Patty K. Wheeler and Judith A. Deprisco, Knoxville, Tennessee, for the
Appellees, Signage Solutions, LLC; Trisect Engineering & Consulting
Corp., and E & S Management, Inc.
Judge: LEE
First Paragraph:
The issues presented in this appeal are: whether the trial court
properly ruled that the employer had good cause to terminate the
employee; whether the trial court properly ruled that the employer was
not bound by a written employment agreement with the employee through
the year 2003; and whether the trial court properly ruled that the
employee was not entitled to a bonus for the year 2002. We hold that
the trial court's rulings were proper and so affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCA/bolenfrenchr.wpd
SUSAN HUTCHESON v. KRISTI BARTH, INDIVIDUALLY AND IN HER CAPACITY AS
ADMINISTRATOR OF THE ESTATE OF RAYMOND WESLEY BARTH
Court:TCA
Attorneys:
Ricky A.W. Curtis, Knoxville, Tennessee, for the Appellant.
Thomas R. Ramsey, III, Knoxville, Tennessee, for the Appellee.
Judge: LEE
First Paragraph:
The threshold issue presented in this appeal is whether the Plaintiff
timely filed her notice of appeal so as to give this Court
jurisdiction to hear this case. The trial court entered its order
granting the Defendant's motion for summary judgment on January 15,
2004. This order adjudicated all the claims of the parties. On
February 25, 2004, the Defendant filed a motion for contempt alleging
non-performance of the order by the Plaintiff. On March 19, 2004, an
agreed order awarding the Defendant pre-judgment interest was entered.
The Defendant had not sought pre-judgment interest in her
counter-complaint or in any subsequent pleadings. The Plaintiff filed
a notice of appeal on April 19, 2004. We find that the notice of
appeal was not filed within thirty days of entry of the judgment
appealed from pursuant to Rule 4 of the Tennessee Rules of Appellate
Procedure. Therefore, we dismiss this appeal because this court does
not have jurisdiction to hear the issues in this appeal.
http://www.tba.org/tba_files/TCA/hutchesosusan.wpd
SHERYL LYNN PRICE v. RICHARD THEODORE BRIGHT
Court:TCA
Attorneys:
Ricky A.W. Curtis, Knoxville, Tennessee, for the Appellant Sheryl Lynn
Price.
H. Gene Bell, Knoxville, Tennessee, for the Appellee Richard Theodore
Bright.
Judge: SWINEY
First Paragraph:
Richard Theodore Bright ("Father") is the primary residential parent
for his eight year old daughter. The child's mother is Sheryl Lynn
Price ("Mother"). Father filed a petition seeking permission to
relocate with his daughter to Ohio. Mother opposed the petition.
After a trial, the Juvenile Court concluded the parents were not
spending substantially equal amounts of time with the child and the
requirements of Tenn. Code Ann. S 36-6-108(d), therefore, applied.
The Juvenile Court then concluded Father had a reasonable purpose for
moving to Ohio, such a move would pose no threat of specific and
serious harm to the child, and Father's motive for moving was not
vindictive or intended to defeat or deter Mother's visitation rights.
Accordingly, the Juvenile Court granted Father's petition seeking
permission to relocate to Ohio. Mother appeals raising several issues
including the issue of whether the Juvenile Court had subject matter
jurisdiction to hear Father's Petition to Relocate. We affirm.
http://www.tba.org/tba_files/TCA/pricesheryll.wpd
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