Premier Manufacturing, et al. v. Patricia Cothran

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 of findings of fact and conclusions of law. The trial court found that the plaintiff failed to carry her burden of proving that she sustained a permanent disabling injury, a finding based upon assessing the credibility of the witnesses. Given the considerable deference we must give to the trial court's credibility determinations, McCaleb v. Saturn Corp., 91 S.W.2d 412 (Tenn. 1995) and the presumption of correctness of the trial court's findings, Tenn. Code Ann. _ 5-6-225(e)(2), we affirm the trial court's decision. The plaintiff worked for Premier Manufacturing Support Services, Inc., a contractor at the Spring Hill Saturn automobile assembly plant. The company performed a variety of services for Saturn, including cleaning the interiors of buildings and maintaining the grounds. The plaintiff worked at several inside and outside jobs before she sought and received a job driving cars off the assembly line. On January 14, 1994, the car the plaintiff was driving backed into a light pole. She was taken to a Columbia hospital where she was treated and released. The company sent the plaintiff to Dr. Larry Laughlin, an orthopedic surgeon, who diagnosed her as having back and neck strain. He referred her to Pinnacle Rehabilitation for physical therapy. On the plaintiff's second visit to Laughlin, he conducted a test that indicated that the plaintiff was magnifying her symptoms. The finding of a MRI was normal. Pinnacle conducted a symptom magnification test on the plaintiff, and she scored a four out of five, which means positive for symptom magnification. Laughlin testified that he could not find any significant problems with the plaintiff and he found no permanent impairment. He placed no physical restrictions on her work. -2-