Larry H. Mull v. Transport South, Inc.

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/plaintiff injured his right arm while working as a truck driver for defendant. The trial judge awarded plaintiff 12 percent disability to the right arm. We find that the evidence preponderates against an award of 12 percent and in favor of an award of 2 percent permanent partial disability to the right arm and we affirm the judgment of the trial court as so modified. On February 19, 1993, Plaintiff was trying to pry loose a stuck fuel valve on the employer's fuel truck so that he could fill the truck with jet fuel when his wrist "popped" and started tingling. He went to the emergency room that day for treatment, where he was given a forearm splint. Three days later he saw orthopedic surgeon Dr. Alan Odom, who placed plaintiff on light duty for ten days and told him to 2