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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Reagan v. Tennessee Municipal League

The employer and its insurance carrier appealed a permanent partial disability award to an employee in a worker’s compensation case. Appellants argued that the employee's injuries were confined to a scheduled member (right leg and foot) and therefore, the disability rating should be based on statutory schedules, not apportioned to the body as a whole. The court found that the employee sustained a severe fracture to the right leg and ankle, rated by an orthopedic surgeon as 50% permanent partial disability to the foot/ankle, or 35% to the leg, or 14% to the whole person per medical guidelines. However, the appellate court ruled that statutory schedules for scheduled member injuries must control over medical impairment ratings that translate to a body as a whole disability. Consequently, the trial court's judgment was reversed, and the case remanded for a redetermination of the disability rating based solely on the injury to the right leg as a scheduled member.

Permanent Partial DisabilityScheduled Member InjuryBody as a WholeStatutory SchedulesMedical Impairment RatingRemandLeg InjuryFoot InjuryAnkle InjuryTennessee Law
References
2
Case No. MISSING
Regular Panel Decision

Smith v. U.S. Pipe & Foundry Co.

This worker's compensation case examines two key issues: the employer's entitlement to an offset against scheduled member benefits for Social Security old age insurance, and the correct accrual date for permanent total disability benefits. The plaintiff, Paul D. Smith, suffered multiple work-related injuries while employed by U.S. Pipe & Foundry Company, resulting in permanent total disability. The trial court denied U.S. Pipe the Social Security offset for a scheduled member injury but allowed it for the Second Injury Fund's portion of the permanent total disability benefits. The trial court also ruled that permanent total disability benefits accrue from the date of maximum medical improvement. The Special Workers' Compensation Appeals Panel reversed these findings. However, the Supreme Court rejected the Appeals Panel's conclusions, affirming the trial court's judgment that the employer is not entitled to the Social Security offset for scheduled member injuries and that permanent total disability benefits begin accruing upon the attainment of maximum medical improvement.

Worker's CompensationScheduled Member BenefitsSocial Security OffsetPermanent Total DisabilityMaximum Medical ImprovementAccrual DateSecond Injury FundAppeals Panel ReversalTrial Court AffirmationDisability Benefits
References
17
Case No. MISSING
Regular Panel Decision
Dec 03, 2004

Claim of Scally v. Ravena Coeymans Selkirk Central School District

In this case, a claimant appealed a Workers’ Compensation Board decision regarding apportionment of her workers' compensation award. The claimant, who suffered a work-related left knee injury in 2002, had a pre-existing non-work-related injury to the same knee from 1986. While a WCLJ initially denied apportionment, the Board reversed, directing a 50/50 apportionment based on the premise that the prior injury would have resulted in a schedule loss of use award had it been work-related. The appellate court upheld the Board's determination, deferring to its interpretation that a non-work-related injury leading to a schedule loss of use constitutes a "disability in a compensation sense" for apportionment purposes. This decision was supported by medical expert testimony indicating a schedule loss of use from the prior surgery.

Workers' CompensationApportionmentKnee InjuryNon-work-related InjurySchedule Loss of UsePreexisting ConditionMedical Expert TestimonyBoard InterpretationJudicial ReviewAppellate Decision
References
13
Case No. MISSING
Regular Panel Decision

Dotson v. Rice-Chrysler-Plymouth-Dodge, Inc.

This workers' compensation case addresses whether reflex sympathetic dystrophy (RSD) affecting a scheduled member always entitles a claimant to body-as-a-whole compensation. The plaintiff, Ronnie Dotson, sustained a work-related injury to his left arm, leading to RSD. The trial court awarded permanent total disability benefits, interpreting the AMA Guides as mandating body-as-a-whole apportionment for RSD. The Tennessee Supreme Court reversed, clarifying that while AMA Guides are tools for anatomical disability rating, they do not supersede statutory compensation classifications. The Court held that RSD compensation is limited to scheduled member benefits if the injury's effects are confined to that member, and body-as-a-whole compensation requires the injury to affect an unscheduled body portion or a specific combination of members. Finding no evidence that Dotson's RSD extended beyond his left arm, the Supreme Court vacated the total disability award and limited his benefits to 200 weeks for the total loss of his arm, remanding the case for consistent proceedings.

Workers' CompensationReflex Sympathetic DystrophyScheduled Member InjuryBody-as-a-Whole CompensationPermanent Partial DisabilityPermanent Total DisabilityAMA GuidesAnatomical ImpairmentVocational DisabilityTennessee Law
References
19
Case No. MISSING
Regular Panel Decision

Minton v. State Industries, Inc.

Thelma M. Minton, a worker previously compensated for a back injury, sustained a subsequent knee injury, leading the trial court to find her permanently and totally disabled and apportion liability between her employer and the Tennessee Department of Labor, Second Injury Fund. The Fund appealed this decision. The Supreme Court affirmed the employer's liability for 200 weeks, representing 100 percent disability to the scheduled member (right lower extremity). However, the court reversed the finding of the Second Injury Fund's liability for 200 weeks, as there was no medical evidence indicating the knee injury aggravated the prior back injury to the extent of rendering Minton totally and permanently disabled. Consequently, the Supreme Court found Minton's aggregate permanent disability to be 60 percent, thus absolving the Second Injury Fund of liability under T.C.A. § 50-6-208(a).

Workers' CompensationSecond Injury FundPermanent Total DisabilityScheduled Member InjuryAggravation of Prior InjuryApportionment of LiabilityEmployer LiabilityFund LiabilityMedical EvidenceTennessee Supreme Court
References
12
Case No. MISSING
Regular Panel Decision

Kerr v. Magic Chef, Inc.

Plaintiff Lillian Kerr sustained a severe hand injury in a mechanical press, leading to partial amputation of three fingers. Subsequently, she developed psychological problems, diagnosed as post-traumatic stress disorder by psychiatrist Dr. Randall Brewer, who testified to the permanency of her condition. The trial court initially limited her workers\' compensation recovery to the scheduled member (hand), denying compensation for disability to the body as a whole. The Supreme Court reversed this decision, holding that psychological injuries arising from a scheduled member injury, when proven permanent, should be considered in determining the overall disability to the body as a whole, citing prior case law. The case was remanded to the chancellor to evaluate the permanent disability to the body as a whole, accounting for both the hand injury and the psychological condition.

Scheduled Member Injury CompensationPsychological DisabilityPost-Traumatic Stress Disorder (PTSD)Permanent Partial Disability CalculationWhole Body DisabilityMedical Permanency EvidenceWorkers\' Compensation AppealsRemand for ReassessmentPsychiatric TestimonyIndustrial Accident
References
3
Case No. MISSING
Regular Panel Decision

Larry Seal v. Charles Blalock & Sons

Larry Dean Seal, a thirty-nine-year-old heavy machine operator with an eighth-grade education, suffered a fractured heel and sternum in a workplace accident on July 13, 1998, while working for Charles Blalock & Sons, Inc. The injury to his foot caused extended disability, leading to his termination. Seal sought workers' compensation benefits, and the trial court awarded him a 93% vocational disability to the body as a whole, concluding the injury extended beyond a scheduled member. On appeal by Travelers Insurance Company, the Supreme Court modified the trial court's judgment, finding that the injury was limited to a scheduled member (the leg) and awarded 100% disability to the leg, also affirming the admissibility of the physical therapist's testimony.

Vocational DisabilityScheduled Member InjuryBody as a Whole InjuryCalcaneus FractureTraumatic ArthritisSubtalar ArthrodesisPhysical Therapist TestimonyExpert Medical EvidenceAppellate ReviewStandard of Review
References
6
Case No. MISSING
Regular Panel Decision

Claim of Pedro v. Liberty Lines Express

The claimant, a mechanic, sustained an injury resulting in the amputation of his right thumb. The Workers’ Compensation Board determined this constituted a 50% schedule loss of the use of his right hand and awarded benefits. The employer appealed this decision, arguing that the injury was exclusively to the thumb and that the Workers’ Compensation Law does not explicitly allow for a single digit loss to be compensated as a partial loss of hand function. The court adopted a flexible approach, asserting that schedule allowances should not be deemed exclusive when treating a smaller member's loss as a percentage of a larger member's loss. Based on the testimony of the Board’s principal medical examiner, who stated the thumb injury diminished the prehensile function of the entire right hand, the court affirmed the Board's finding, concluding it was supported by substantial evidence.

Workers’ CompensationSchedule LossThumb AmputationRight Hand InjuryPrehensile FunctionAppellate ReviewMedical TestimonyInjury CompensationStatutory InterpretationDisability Benefits
References
5
Case No. No. 29-30
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Thomas Johnson; In the Matter of the Claim of Joseph D. Liuni

This opinion addresses two appeals concerning Workers’ Compensation Law (WCL) § 15, specifically whether a schedule loss of use (SLU) award for a subsequent injury to a subpart of an enumerated body "member" must be reduced by a prior SLU award to a different subpart of the same member. The Court of Appeals holds that WCL § 15 (7) allows for multiple SLU awards for successive injuries to the same statutory body member, provided the claimant demonstrates that the second injury, considered by itself, caused an increased loss of use. The Court affirmed the Appellate Division's order in Matter of Johnson v City of New York, finding that claimant Thomas Johnson failed to provide sufficient evidence that his knee injuries caused a further loss of use of his legs beyond that addressed in a prior SLU award for hip injuries. Conversely, the Court reversed the Appellate Division's order in Matter of Liuni v Gander Mountain, remitting the case for further proceedings because claimant Joseph D. Liuni did provide evidence that his later shoulder injury caused a distinct increase in the loss of use of his arm separate from a prior elbow injury. The decision clarifies the application of WCL § 15 (7) regarding successive SLU awards and the burden of proof on claimants.

Workers' Compensation LawSchedule Loss of Use (SLU)Successive InjuriesBody Member ImpairmentOffset RulePrior Disability CompensationEarning CapacityStatutory InterpretationAppellate ReviewMedical Evidence
References
33
Case No. MISSING
Regular Panel Decision

Advo, Inc. v. Phillips

This worker's compensation appeal addresses a defendant's rotator cuff injury. The trial court initially awarded 15% permanent partial disability to the whole body but then amended its judgment to 40% permanent partial disability to the left arm, allowing the defendant to choose the compensation basis. The Special Workers’ Compensation Appeals Panel reviewed whether the injury was to a scheduled member or the body as a whole, and if the defendant had the right to elect. The panel concluded that the rotator cuff injury affected the body as a whole, not a scheduled member, and denied the defendant's option to elect. Consequently, the appellate panel modified the trial court's judgment, limiting the defendant to 15% permanent partial disability to the whole body, in line with statutory multipliers for employees who return to work with equal or greater wages.

Workers' CompensationRotator Cuff InjuryShoulder InjuryPermanent Partial DisabilityBody as a WholeScheduled Member InjuryDisability RatingMedical ImpairmentStatutory InterpretationAppellate Review
References
10
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