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| Vida Nell Bailey v. Carhartt, Inc. & American Motorist Ins. Co.
01S01-9803-CV-00050
Authoring Judge: Per Curiam
Originating Judge:Hon. Allen Wallace |
Stewart County | Workers Compensation Panel | 07/22/99 | |
| Hon. Frank v. Williams, Iii,
01S01-9804-CV-00063
Authoring Judge: Per Curiam
Originating Judge:Hon. Jim T. Hamilton |
Maury County | Workers Compensation Panel | 07/22/99 | |
| William Jerry Johnson v. Cna Insurance Company
02S01-9807-CH-00066
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is an appeal by CNA Insurance Company, the workers' compensation insurance carrier forTJ & L Construction Company, from a judgment of the Chancery Court of Chester County finding that plaintiff was entitled to workers' compensation benefits on the basis of total and permanent disability to the body as a whole. It was stipulated that the plaintiff, William Jerry Johnson, was injured on February 14, 1994, during the course of his employment for TJ & L Construction Company. While lifting tires, he injured his back. In the only issue presented, the insurance carrier states that the evidence preponderates against the trial court's finding of total and permanent disability, since jobs are available to the employee within his vocational skill level and physical limitations. The plaintiff and his wife testified in open court. The plaintiff stated he was born June 1, 1945, and had an eighth grade education, having quit school before completing the ninth grade. The plaintiff testified that he obtained a G.E.D. in 1995 or 1996.1 Except for four years service in the Navy as a cook, the plaintiff had several jobs, all of which involved the operation of heavy equipment and manual labor. The plaintiff testified that since the accident, he has had severe back pain and is never completely free of pain in his lower back and right hip. He testified that he obtained nerve blocks from his doctor, which made the pain bearable for about two months. The plaintiff testified that he has pain when he bends, does much lifting, or sits for more than thirty to forty minutes. When driving an automobile, he has to stop and walk around because of the pain. He cannot stand in one place for very long or walk very far without stopping and resting. He testified that he cannot bend, run, or jump without pain. He stated that he can no longer bowl, dance, ride horses, or have sex with his wife. He cannot 1Educational functional testing done by Dr. William M. Jenkins on February 13, 1996, revealed that the plaintiff functioned at a tenth grade level in reading, fourth grade level in spelling, and seventh grade level in arithmetic. 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, Judge |
Johnson County | Workers Compensation Panel | 07/19/99 | |
| Adrian Jones v. Coca-Cola Enterprises, Inc.
02S01-9810-CV-00102
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 plaintiff alleged that "on or about December 13, 1995, [he] was diagnosed with carpal tunnel syndrome, which arose out of and in the course of his employment." The trial court found the plaintiff had failed to give timely notice of this injury or to present an adequate excuse for not doing so, as required by T.C.A. _ 5-6-21, and dismissed his complaint. We affirm the judgment of the trial court. Plaintiff began working for Coca-Cola as a route salesman, driving a Coke truck, in 1992. In July, 1995, he was involved in a non-work-related automobile accident, after which he worked only one week for Coca-Cola. As a result of the auto accident, he received medical treatment from Drs. William Turner, Paul Williams and John P. Howser. EMG nerve conduction testing in December 1995 revealed carpal tunnel syndrome, which Dr. Howser thought was work-related, and he so-informed the plaintiff. Dr. Howser testified that, in his opinion, the work-related bilateral carpal tunnel syndrome pre-existed the July, 1995 automobile accident, and that the auto accident exacerbated it. Surgical correction of bilateral carpal tunnel was accomplished in April and May of 1996 and resulted in Dr. Howser's assessment of "a two percent anatomic disability rating to the body as a whole as a result of his left carpal tunnel and a two percent due to his right carpal tunnel."1 The Plaintiff testified when deposed that he first received treatment for carpal tunnel from Dr. Howser in December, 1995, but that "I had always had a little pain or aggravation in there, and I was just thinking that, you know, it was just, you know, from - - just doing the strain 1But on cross-examination, he responded "Yes" to the question, "Speaking of the 2 percent, you said 2 percent to each extremity for this more recent injury. Is that correct?" 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Karen R. Williams, |
Shelby County | Workers Compensation Panel | 07/14/99 | |
| Edgar Young v. Sonoco Products Co.
02S01-9807-CH-00072
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court found that the plaintiff sustained a 4 percent permanent partial vocational disability to the body as a whole and awarded benefits accordingly. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/14/99 | |
| Doris Howard v. Sterling Plumbing Group, Inc.
02S01-9811-CH-00107
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This worker's compensation suit was brought by Doris Howard, widow of Paul Howard, deceased, for the use and benefit of herself and the two minor children of the plaintiff, and Paul Howard, deceased. The trial court found for the plaintiff, holding that her husband, Paul Howard, suffered a compensable heart attack arising out of and in the course of his employment for the defendant. The court held that the heart attack resulted in the death of Mr. Howard and awarded benefits accordingly. In its only issue, the defendant says that the plaintiff did not prove by a preponderance of the evidence "that the claimants heart attack was precipitated by physical activity or exertion or physical strain associated with claimant's job." After considering the record, we find that the judgment of the trial court must be affirmed. Except for the medical evidence, there is no substantial conflict in the evidence. The plaintiff, the employee's widow, testified that Mr. Howard was 6'1" tall, 42 years of age, and weighed 168 pounds on October 1, 1995, when he died at work. He had high blood pressure and cholesterol. On October 1, 1995, the deceased left home to go to work at approximately 6:1 p.m. He was a maintenance employee for the defendant. Later, he telephoned his wife, and they had a normal conversation, Mr. Howard was in a good humor and laughing. He told his wife that at that time he was cleaning. Glen Page, testified that he worked in the maintenance department of the defendant corporation with Mr. Howard. They worked together on the evening of October 1, 1995. They weren't busy in the maintenance department, so they did some cleanup work involving sweeping. Mr. Howard was using a pushbroom that measured from 14 to 18 inches wide. Mr. Page testified that sweeping with the pushbroom was not strenuous work and that he and Mr. Howard could take a break when they desired. Mr. Page was called to the telephone and was gone for about twenty minutes. When he returned, Mr. Howard was lying on the floor. He had turned blue, and the pushbroom was on the floor two or three feet from him. Dr. Robert D. Dodds, II, a cardiologist, testified by deposition. On October 1, 1995, he was called in his capacity as the medical examiner for Obion County to observe Mr. 2
Authoring Judge: Hon. William Michael Maloan, Chancellor
Originating Judge:Hon. William Michael Maloan, |
Obion County | Workers Compensation Panel | 07/12/99 | |
| Willette Newsom v. Murray, Inc.
02S01-9811-CH-00110
This workers' compensation appeal was referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is a carpal tunnel syndrome case. Upon hearing the evidence, the trial court found that plaintiff suffered a 6 percent permanent partial disability to her right arm and a 35 percent permanent partial disability to her left arm. Defendant, Murray, Incorporated, appealed the judgment. The sole issue on appeal is whether the trial court's award is excessive. After careful review of the record, we find that the evidence does not preponderate against the trial court's award. Therefore, the judgment of the trial court is affirmed. At the time of trial, plaintiff, Willette Newsom, was a 5 year old mother of three with a Bachelor of Science degree in business education. However, her previous work experience did not involve the use of her degree but consisted of employment as a file clerk, a restaurant employee, in home health services, and as a nurse's assistant at a nursing home. She began working for Murray in 1993 on the assembly line. She was subsequently transferred to the parts and service department for approximately two and one half years before being put back on the assembly line. Her job duties on the assembly line included repetitious use of her hands while tightening screws into motors with a power gun. After a few months back on the assembly line, she experienced a sharp pain in her right hand, which she reported to her employer. She was sent to Dr. Bingham for treatment and eventually to Dr. Lowell F. Stonecipher when she did not improve. Plaintiff first saw Dr. Stonecipher, an orthopedic surgeon, on October 11, 1996, when Dr. Bingham's conservative treatment of plaintiff's moderately severe carpal tunnel syndrome was ineffective in relieving her symptoms. On November 13, 1996, Dr. Stonecipher performed an endoscopic carpal tunnel release on plaintiff's right hand. On November 26, plaintiff was released to light duty with restrictions on lifting more than twenty pounds. Because she was doing well in January, Dr. Stonecipher released plaintiff to regular duty on January 17, 1997, but advised her against the use of power tools. The 2
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Madison County | Workers Compensation Panel | 07/12/99 | |
| Gloria Rooker v. Zurich Insurance Co.
W1998-00273-WC-R3-CV
This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 50-6-225(e) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant's insurer appeals the award of 25% disability to the body as a whole, as well as the court ordered payment of medical charges by a physician not authorized by the employer. After thorough review of the record, this panel finds the award of permanent partial disability should be affirmed, but that portion of the judgment ordering payment of medical expenses for charges by an unauthorized physician should be reversed.
Authoring Judge: Special Judge C. Creed Mcginley
Originating Judge:Hon. D'Army Bailey |
Shelby County | Workers Compensation Panel | 07/12/99 | |
| Willie Lane Shannon v. Sipco Services & Marine, Inc., et al
02S01-9902-CH-00013
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 & Supp. 1998); Henson v. City of Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.
Authoring Judge: F. Lloyd Tatum, Special Judge
Originating Judge:Hon. C. Creed Mcginley, |
Benton County | Workers Compensation Panel | 07/12/99 | |
| Bobby White v. Goodyear Tire & Rubber
02S01-9810-CV-00101
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._ 50-6-22-255(e) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the defendant appeals the award of 55% disability to the body as a whole. After a thorough review of the record, this panel finds this award of permanent partial disability should be affirmed.
Authoring Judge: C. Creed Mcginley, Special Judge
Originating Judge:Hon. William B. Acree |
White County | Workers Compensation Panel | 07/12/99 | |
| Nathan v. Harris,
03S01-9805-CH-00047
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant insists "the trial court abused his discretion when it allowed the plaintiff to re-open his proof after final judgment was entered against plaintiff." The appellee insists the "defendant has waived the issue it now presents for appellate review, due to the fact that defendant failed to make the appropriate objection at the trial court level." As discussed below, the panel has concluded the judgment should be affirmed. On April 19, 1993, the employee or claimant, Kilgore, suffered a work related accidental injury at work. He filed a complaint averring he suffered from reflex sympathetic dystrophy syndrome because of the accident, seven requests for production of documents and twenty-four interrogatories in the Chancery Court for Sullivan County on November 23, 1993. On February 8, 1994, the employer filed its answer admitting the work related accident, but denying that the claimant's medical condition was causally connected to the accident. On November 21, 1995, over two and one-half years after the accident, the claimant filed an amended complaint, averring the same thing, but also claiming an injury in September of 1992. On August 16,1996, an order of readiness was entered setting the case for trial on October 16, 1996. Two days before scheduled trial date, the defendant answered the amended complaint by asserting that the claim was time barred to the extent that the plaintiff was seeking benefits for the September, 1992 injury. The case was actually tried on November 16, 1996. The chancellor found that the 1992 claim was time barred, that the plaintiff had failed to establish that he suffered a compensable work related permanent injury in the 1993 accident, but that he was temporarily and totally disabled from May 19, 1993 to September 7, 1993 and that he would retain a permanent partial disability of fifteen percent to the body as a whole. The last two findings were contingent 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Richard Ladd, |
Knox County | Workers Compensation Panel | 06/30/99 | |
| Ford v. Rubbermaid
03S01-9806-CV-00060
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:The Honorable |
Knox County | Workers Compensation Panel | 06/29/99 | |
| Hatcher v. Rubbermaid
03S01-9804-CV-00041
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. At the outset we think it pardonable to observe that the briefs in this case are exceptional and worthy of emulation. The plaintiff is a 26-year-old high school graduate whose right arm was crushed in an industrial accident on September 12, 1994. The arm was surgically amputated at the elbow area. Responding to the complaint for workers' compensation benefits, the defendant admitted the occurrence and compensability of the injury, and filed a Rule 68 Offer of Judgment for 1 percent loss of her arm together with all medical expenses. The trial judge awarded 75 percent permanent, partial disability benefits to the body as a whole. The defendant appeals, insisting that recovery is limited to 2 weeks because the statutory schedule controls. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2);Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). T.C.A. _ 5-6-27 prescribes benefits for the loss of a scheduled member. The loss of an arm is worth only 2 weeks. The Code does not address the loss of an upper extremity. But the AMA Guidelines, which are contained in the Code by reference, do not assess impairment to the arm, but only to the upper extremity. The anomaly thereby posed, as the appellant observes, is frustrating. 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. D. Kelly Thomas, Jr., |
Knox County | Workers Compensation Panel | 06/28/99 | |
| Lana R. Woods v. Modine Manufacturing Company
97LA0287
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:The Honorable |
Anderson County | Workers Compensation Panel | 06/23/99 | |
| Hon. Frank v. Williams, Iii,
01S01-9802-CH-00022
Authoring Judge: Cecil Crowson, Jr.
Originating Judge:Hon. Ellen Hobbs Lyle, |
Davidson County | Workers Compensation Panel | 06/23/99 | |
| Eric K. Mack v. Cna Insurance Company
03S01-9805-CV-00052
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:The Honorable |
Knox County | Workers Compensation Panel | 06/23/99 | |
| Carter v. Morristown-Hamblen
03S01-9806-CV-00055
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 employee, Jean E. Carter, has appealed from the action of the trial court in dismissing her claim by sustaining a motion for summary judgment filed by the employer, Morristown-Hamblen Hospital Association. The circuit judge ruled the claim was barred because of the expiration of the one year statute of limitations. The record indicates plaintiff was injured at work on June 24, 1992. The complaint for workers' compensation benefits was filed on September 16, 1997, which was over five years after the accident. It is apparent the accident was treated as a compensable claim as the insurance company had paid medical bills totaling $69,495.23 prior to the period of time in question and had also paid a total of $7,182. in temporary total disability benefits for the periods June 25, 1992 through July 2, 1992 and December 7, 1993 through May 1, 1994. Also a total of $16,791.13 in "temporary partial disability payments" had been paid to plaintiff for the period May 2, 1994 through February 18, 1996. Defendant's motion for summary judgment is supported by the affidavit of Deborah Howard, an insurance claims adjuster. It establishes the last payment of benefits was during March 1996 and the last payment of a medical expense was on July 8, 1996 in the sum of $7.96 for medication purchased during December 1993. Plaintiff responded to the motion by filing an affidavit, attaching letters which she had received from the insurance company and filing defendant's answers to interrogatories. Her affidavit stated she was 72 years of age and had been employed as a registered nurse at the hospital; that she had sustained injuries to both knees and she was not aware there was a time limit requiring her to take any action concerning her claim; that she never thought about it being necessary to file a lawsuit; that the insurance company had paid her medical bills and had been paying her for her injuries; that the only time a suggestion was made concerning a period of time to take action was when she received the August 27, 1997 letter advising the time 2
Authoring Judge: Roger E. Thayer, Special Judge
Originating Judge:Hon. Kindall Lawson, |
Carter County | Workers Compensation Panel | 06/21/99 | |
| Ryan v. Hancock Fabrics, Inc.
03S01-9803-CH-00025
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the chancellor erred in finding "that the claimed bilateral carpal tunnel syndrome was proximately caused through the 18 days of Mr. Ryan's employment.". As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Ryan, initiated this action to recover medical and disability benefits. The employer denied any liability. As stated in the employer's brief, the issue in the case involves the trial court's finding that there was a causal connection between the employment and the injury. Because the issue is one of fact, we have reviewed the case de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). The claimant began working for the employer on or about August 1, 1995, doing remodeling work, including carpentry, painting, installing tile and other general labor, all involving repetitive use of the hands. On August 17, 1995, he fell from a ladder, attempting unsuccessfully to catch himself with his hands. He received emergency and follow-up care at Physicians Care, but continued working until the employer's remodeling project was completed. On August 31, 1995, he complained of numbness in his left arm, both hands and his neck and shoulder. On October 18, 1995, the claimant was seen by Dr. Lester Littell, who, according to his notes, diagnosed "moderate right carpal tunnel syndrome" and "C6 radiculitis." On November 24, 1995, a magnetic resonance report from Erlanger Medical Center, reflected "minimal spurring on the left at the C3-C4 level." On March 3, 1996, Dr. Littell again examined the claimant and diagnosed "mild damage to the left C6 cervical root." The doctor continued to follow the claimant's progress and found maximum medical improvement on May 15, 1996. On June 6, 1996, the doctor assigned the claimant's permanent impairment first at "5% based on spine pain," then at "8% to the upper extremity," using appropriate guidelines. When the claimant continued to have symptoms, Dr. Littell recommended a second opinion. In his deposition, the doctor did not express an opinion as to whether the injuries were causally related to the employment. However, in a letter, he stated that the bilateral carpal tunnel syndrome was unrelated to the fall at work. On August 2, 1996, still in pain, the claimant went to work for Custom Curb, Inc., as a welder. Custom Curb is not a party to this litigation. On February 21, 1997, the claimant was seen by Dr. Carl W. Dyer, Jr., who diagnosed, after thorough examination, bilateral carpal tunnel syndrome and possible cervical radiculopathy consistent with the accident at work or other work activities. After a second examination on March 27, 1997, this doctor opined that the carpal tunnel injury was directly related to the fall at work, to 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. R. Vann Owens, |
Knox County | Workers Compensation Panel | 06/21/99 | |
| Larry Anthony Bosheers v. Spontex, Inc. And/Or Total U.S. Group
01S01-9712-CV-00275
Authoring Judge: Per Curiam
Originating Judge:Larry Anthony Bosheers, |
Lawrence County | Workers Compensation Panel | 06/18/99 | |
| Charles Jones v. Tridon, WaUSAu Ins. Co., Royal Ins. Co.& Liberty Mut. Ins. Co.
01S01-9712-CV-00272
Authoring Judge: Per Curiam
Originating Judge:Hon. Robert E. Corlew, |
Rutherford County | Workers Compensation Panel | 06/18/99 | |
| Teresa Barham v. Grinnell Corporation
02S01-9807-CH-00065
Authoring Judge: J. Steven Stafford, Special Judge
Originating Judge:Hon. Joe C. Morris, |
Chester County | Workers Compensation Panel | 06/15/99 | |
| Nps Energy Services, Inc. v. William E. Rankin
01S01-9805-CH-00088
Authoring Judge: Per Curiam
Originating Judge:Hon. Irvin H. Kilcrease |
Davidson County | Workers Compensation Panel | 06/15/99 | |
| Nick Allen Parker v. Traveler's Ind. Co.& The Aetna Casualty& Surety Co
01S01-9803-CH-00054
Authoring Judge: Per Curiam
Originating Judge:Hon. J. Richard Mcgregor |
Warren County | Workers Compensation Panel | 06/15/99 | |
| Mcginn v. Denamerica Corp.
03S01-9807-CH-00083
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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 and its insurer insist (1) the employee did not suffer an injury compensable under the workers' compensation law of Tennessee, (2) the award of permanent partial disability benefits is excessive and (3) the trial judge erred in rejecting the testimony of Dr. Robert E. Ivy. As discussed below, the panel has concluded the judgment should be affirmed. After a trial of the issues raised by the parties, the chancellor awarded 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Billy Joe White, |
Knox County | Workers Compensation Panel | 06/10/99 | |
| England v. Hickory Specialties
03S01-9807-CV-00082
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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, Hickory Specialties, insists (1) the trial judge erred in relying on the testimony of Dr. Gene Turner with respect to the extent of the employee's medical impairment, (2) the trial judge erred in finding a causal connection between the employee's injury and her employment by the employer, (3) the award of permanent partial disability benefits is excessive and (4) the trial judge erred in finding that the employee did not have a meaningful return to work. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, England, initiated this action to recover medical disability benefits allegedly due her because of a back injury. The employer denied any liability. After a trial on the merits, the trial court awarded, inter alia, permanent partial disability benefits based on thirty-five percent to the body as a whole. The extent of an injured worker's disability is a question of fact. Collins v. Howmet Corp., 97 S.W.2d 941 (Tenn. 1998). So is causation. We have therefore reviewed the case de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The claimant is thirty-seven years old with a ninth grade education and experience as a waitress, at a cannery and as a vegetable packer. She began working for this employer in 1991 as a charcoal bagger. She testified at the trial that on September 27, 1995, the plant ran out of charcoal and she was assigned to unload wood from a tractor-trailer and box it in 4-75 pound boxes, then place up to 27 of such boxes on flats. The employer insists the plant did not load any wood in the week before, during or after the date of injury. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. John Turnbull, |
Knox County | Workers Compensation Panel | 06/10/99 |