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

Case No. W2003-00825-SC-WCM-CV
Regular Panel Decision
Nov 30, 2004

David Stupp v. Phillips Auto Body, LLC and First American Insurance Company

This workers' compensation appeal concerns David Stupp, who sustained a neck injury while employed at Phillips Auto Body, LLC. The trial court initially awarded a 25% vocational impairment, but both parties appealed. The defendant challenged the findings regarding permanent injury and the necessity of surgery, while the plaintiff sought a higher disability award. The Special Workers' Compensation Appeals Panel affirmed the trial court's decision regarding medical expenses for unauthorized treatment by Dr. Segal and found ample evidence for permanent injury. Ultimately, the panel modified the judgment to award a 45% vocational disability to the body as a whole, concluding that the evidence preponderated in favor of an increased assessment.

Vocational DisabilityPermanent InjuryMedical CausationDisk LesionSpinal SurgeryEmployer LiabilityMedical ExpensesAppellate ReviewCredibility of EvidenceAMA Guides
References
17
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
Case No. No. 13
Regular Panel Decision

Fagg v. Hutch Manufacturing Co.

This workers' compensation case involved an appeal by Hutch Manufacturing Company and its insurance carrier concerning an employee, Mrs. Fagg, who sustained a compensable injury. The appeal raised issues regarding the duration of temporary total disability (TTD) benefits, the extent of permanent partial disability (PPD), a 6% penalty for unpaid installments, and medical expenses. The Court dismissed a preliminary appeal as interlocutory. It found the trial court erred in determining the termination date of TTD, concluding that Mrs. Fagg's TTD benefits should cease on October 9, 1984, the latest date for maximum medical recovery according to Dr. Coughlin's evaluations. The Court affirmed the trial court's award of 65% PPD to the body as a whole, emphasizing the consideration of non-medical factors in assessing disability. Furthermore, the Court upheld the 6% penalty on unpaid compensation installments due to the employer's demonstrated bad faith. The case was remanded for a more explicit allocation of medical expenses.

Temporary Total DisabilityPermanent Partial DisabilityMedical Impairment RatingJudicial ReviewRemandPenalty for Non-PaymentMedical EvidenceObjective SymptomsSubjective ComplaintsWorkers' Compensation Appeal
References
12
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

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

McWhirter v. Kimbro

Plaintiff, Frank H. MeWhirter, was injured while working for defendant Mary Ellen Kimbro, who operated an air conditioning business and a farm. He fractured his leg while preparing to bushhog a pasture. The chancellor found that his injuries arose out of and in the course of his employment with the air conditioning company and awarded him medical expenses and disability benefits, including a fifty percent permanent partial disability of the body as a whole. On appeal, the defendant contended that plaintiff was an agricultural laborer and not covered by the Worker\'s Compensation Act, and that the disability award for an injury to a scheduled member (the leg) should not extend to the body as a whole. The Supreme Court affirmed the chancellor\'s findings, concluding there was material evidence to support that plaintiff was in the scope of employment for the air conditioning business and that the injury was not confined to the scheduled member but affected the body as a whole.

Worker\'s CompensationPermanent Partial DisabilityScope of EmploymentAgricultural Laborer ExemptionMedical TestimonyScheduled Member InjuryBody as a Whole DisabilityAppellate ReviewTennessee LawDisability Benefits
References
5
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

Thompson v. Leon Russell Enterprises

Plaintiff Leonard Thompson, a bus driver for Defendant Leon Russell Enterprises, was injured in a bus accident on August 25, 1986, sustaining injuries to his back, hip, and legs, with persistent knee pain. After initial conservative treatment by Dr. Boylin, he underwent arthroscopic surgery on his left knee by Dr. Eyring on October 10, 1990. Dr. Eyring assessed a 20% permanent impairment to the left leg, while Defendant's physician, Dr. Bishop, assessed 10%. The trial court awarded 60% permanent partial disability to the body as a whole and 25 weeks of temporary total disability benefits. On appeal, the higher court affirmed the temporary total disability award but modified the permanent partial disability award to 80% to the left leg, reasoning that a body as a whole award requires expert testimony establishing permanent injury to an unscheduled body part, which was not sufficiently proven for the hip or back injuries.

Workers' CompensationPermanent Partial DisabilityTemporary Total DisabilityScheduled Member InjuryBody as a Whole DisabilityKnee SurgeryMedical Impairment AssessmentAppellate ReviewInjury ClassificationCausation
References
11
Case No. MISSING
Regular Panel Decision

Crump v. B & P Construction Co.

The case involves Randy Crump, who sustained a fractured left wrist and subsequent psychiatric conditions while working for B & P Construction Company. The trial court awarded separate permanent partial disability benefits for the wrist injury and the psychiatric condition. The appellate court examined T.C.A. § 50-6-207(3)(C) regarding concurrent injuries and disabilities, concluding that compensation should be based on a single overall disability rating to the body as a whole. The court affirmed the findings related to the psychiatric disability and the employer's responsibility for medical expenses but remanded the case for the trial court to combine the disability ratings into one comprehensive assessment for the body as a whole.

Workers' Compensation LawConcurrent DisabilityPermanent Partial DisabilityPsychiatric InjuryLeft Wrist FractureStatutory ConstructionT.C.A. 50-6-207Medical Expense LiabilityRemand for ReassessmentEmployer's Burden of Proof
References
13
Case No. MISSING
Regular Panel Decision

Blackburn v. Allied Chemical Corp.

In this worker's compensation case, an employee suffered a compensable injury in 1978, fracturing her left femur. Medical evaluations by orthopedic surgeons Dr. Charles A. Gouffon and Dr. Martin Baker indicated permanent partial disability and the likelihood of future hip replacement surgery, noting the surgical pin protruded into the hip socket and caused further issues beyond the left leg. The employee testified to significant pain and total disability. The trial court awarded permanent total disability, finding the injury extended beyond a scheduled member (left leg) to the body as a whole. The Supreme Court affirmed this decision, concluding there was material evidence to support the finding that the injury and subsequent surgery results were not confined to the left lower extremity, thus justifying an award for disability to the body as a whole.

Worker's CompensationPermanent Total DisabilityFemur FractureHip InjuryOrthopedic SurgeryScheduled Member InjuryBody as a WholeMedical ExaminerSurgical PinAppellate Review
References
6
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