Treva Milan v. Quebecor Printing (U.S.A.) Group and Lumbermens Mutual Casualty Company

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. Plaintiff injured her arms and wrists while working for defendant in April 1994. The trial judge awarded her 35 percent permanent partial disability to each upper extremity. We affirm the judgment of the trial court. Plaintiff was working on an assembly line, feeding magazine pages into a sorter, when a wooden pallet slid onto her arms, causing pain. She was placed on light duty and wore wrist splints for at least a month, but when she returned to full duty, she had a recurrence of pain, numbness and tingling. Dr. W. Cooper Beazley, orthopedic surgeon, diagnosed plaintiff with overuse syndrome in both hands and told her to consider changing to a job where she would not have to perform rapid, repetitious work with her hands. However, he did not assess any medical impairment under AMA Guidelines because the Guides do not provide for a permanent impairment rating for overuse syndrome. Dr. Lloyd Walwyn, orthopedic surgeon, conducted an independent medical examination including objective testing. He diagnosed cumulative trauma disorder with mild bilateral carpal tunnel syndrome and assessed 28 percent permanent partial impairment to each upper extremity. The employer made efforts to put plaintif f back to work with her post-injury limitations, but there was no work available at the factory that she was able to do. Plaintiff is 26 years old with a high school education and work experience mostly in factory work. The trial judge found that the injury plaintiff sustained reduced her ability to compete in the open job market because it permanently affected her use of her hands. He also found her testimony that she has pain to be convincing.