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Lambdin v. Old 03S01-9610-CH-00102
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Billy Joe White,
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. The appeal has been perfected by defendants, Old Republic Insurance Company and Kopper-Glo Fuels, Inc., from an award to the plaintiff, Randy Lambdin, of 25% permanent partial disability to the body as a whole. Defendants seek to overturn the award on several grounds. They contend (1) the injury was not work-related, (2) proper notice of the injury was not rendered, (3) the claim was barred by the one year statute of limitations, and (4) the award of 25% to the whole body is excessive. Plaintiff was 4 years of age and had completed the eighth grade. He testified he was lifting a belt structure off a flat bed truck when he felt pain in his back. He said he reported the incident a day or two later to his supervisor, James Thacker. He also said he told the superintendent, Kore Chedester, about the same time. Plaintiff's brother, Ronald Lambdin, was working with plaintiff and another employee. He also testified Mr. Thacker was told about the incident causing the injury. Sometime after the event, plaintiff saw Dr. Mary Anne Woodring, a family practice physician who had seen plaintiff for prior health problems. He told the trial court he did not think the injury was serious. Dr. Woodring treated him for a muscle strain by giving medication and prescribing therapy. He continued to work and saw her several times through April, 1993. Since he did not get better, he went to see a chiropractor. Later, during October, 1993, he saw Dr. Ronald Dubin, who determined his condition was more serious and that he had a ruptured disc. Dr. Dubin's office notified defendant employer of the plaintiff's compensation claim when the office requested the identification number of the insurance company. Plaintiff testified he was repeatedly told by company representatives his medical expenses would be paid; that they stated there was a dispute between two insurance companies as to which company might be responsible; that David Burton, 2
Knox
Workers Compensation Panel
Christopher v. Sockwell 03S01-9701-CH-00005
Authoring Judge: William H. Inman, Senior Judge
Trial Court Judge: Hon. Sharon J. Bell
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. Both parties filed motions for summary judgment in this case wherein the deceased was found dead in his truck, having died, according to the Certificate of Death, of "natural causes," not otherwise defined. The appellants conceded that the cause of death of their decedent, Mr. Arons, was unknown, and it was essentially upon this basis that the claim for benefits was denied. The surviving dependents of Mr. Arons appeal and present for review the propriety of summary judgment "when a worker is found dead at his post with no proof of the cause of death." Mr. Arons was 44 years old when he died on November 19, 1993. The appellant is his second wife, to whom he was married in 1973. They had one child, Nichole, who was born in 198. Mr. Arons and his first wife had four children. The family was dysfunctional, with the father being completely estranged from these children for a variety of causes, apparently attributable to drug and alcohol abuse. His second marriage was not idyllic; he abused alcohol to the extent he required hospitalization and, on occasion, his wife sought an order of protection. He was an inveterate cigarette smoker -- forty to sixty per day for 15 years -- and his eating habits were unusual in that he ate only one meal--breakfast--each day, snacking on junk food thereafter. His daughter, Nichole, was injured in a serious traffic accident on October 1, 1993 and his request for time-off from work was granted. He returned to work on November 3, 1993 and was found dead in his truck on November 19, 1993. After he returned to work, the decedent performed his duties without incident. He was not required to load, unload, supervise or do anything except drive. He had not engaged in any strenuous activity and had no altercations. He had made no complaints about illness and had never been treated for cardiovascular disease. 2
Knox
Workers Compensation Panel
01CO1-9610-CR-00417 01CO1-9610-CR-00417
Trial Court Judge: Thomas H. Shriver
Davidson
Court of Criminal Appeals
Robert Larry Jones v. Magnetek Century Electric, Inc., Etc. 02S01-9706-CH-00055
Authoring Judge: Hewitt P. Tomlin, Jr., Senior Judge
Trial Court Judge: Hon. Joe C. Morris, Judge
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 of findings of fact and conclusions of law. In this appeal, the employer, Magnetek Century Electric, Inc., ("defendant") contends that the trial court erred in awarding permanent partial disability benefits on the basis of forty- nine percent (49%) disability to the body as a whole as well as in commuting the award to a lump sum. The panel finds that the award should be modified to one based on twelve and one half percent (12 _%) disability to the body as a whole and that the trial court abused its discretion in making a lump sum award. In May, 1994, Robert Larry Jones ("plaintiff") was working for defendant when a work tool weighing approximately 45 pounds struck plaintiff on the right ankle and cut it. He was taken to the emergency room where the wound was treated and his Achilles tendon was sewn up. As a result of this injury, plaintiff developed a condition known as a Deep Vein Thrombosis in the right leg. This is a blockage of the flow of blood through a deep vein. The emergency room physician referred plaintiff to Dr. Warren Ramer, who treated him from July, 1994 through the time of trial in November, 1996. At the time Dr. Ramer began treating plaintiff, there was edema (for our purposes- swelling) of the lower right leg and ankle. Over the months that followed, plaintiff's condition continued to improve, although his condition at times fluctuated during this period of treatment. In other words, the swelling in plaintiff's leg was more pronounced at some times than it was at others. Plaintiff wore an elastic sock and took medication for the purpose of controlling the swelling in his leg. In October, 1995, at the request of defendant, plaintiff became a patient of Dr. Jessie Davis, a specialist in general vascular surgery in Memphis. Dr. Davis was requested to treat as well as evaluate plaintiff's condition. Dr. Davis' tests revealed a blockage in plaintiff's right leg beginning about three inches below the knee and extending upward about three inches above the knee. Thereafter, both Dr. Davis and Dr. Ramer continued to treat plaintiff jointly and cooperatively, with Dr. Ramer seeing plaintiff about once a month in order to monitor his condition and medication, and Dr. Davis every two or three months to evaluate the status of plaintiff's leg. Dr. Ramer deferred the assignment of any permanent impairment rating to Dr. Davis, the vascular specialist. Dr. Davis last saw plaintiff on April 16, 1996. In Dr. 2
Chester
Workers Compensation Panel
State vs. Dubose 01S01-9602-CC-00029
Trial Court Judge: Henry Denmark Bell
