Darin Potts v. Beaman Bottling Co., et al.

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 trial judge found the plaintiff was 3% permanently partially disabled as a result of a work-related injury occurring on March 4, 1994. The trial court ordered the payment of temporary total disability benefits from May 23, 1994 through July 5, 1994. The trial court held that plaintiff was not entitled to reimbursement for unauthorized medical expenses. Appellant challenges the award of permanent partial disability benefits and temporary total disability benefits. Appellee challenges the trial court's refusal to allow reimbursement for unauthorized medical expenses. We affirm the trial court's judgment. Plaintiff, 3 at the time of trial, has a tenth-grade education. He has worked mostly in construction and as a sales clerk in retail and convenience stores. On March 4, 1994, he felt pain in his right shoulder as he was lifting cases of three-liter Pepsi bottles. He told his supervisor, who told him to go to the hospital if he needed to do so. He went to Baptist Convenient Care the next morning, and they referred him to Dr. Robert Stein, an orthopedic surgeon. Plaintiff worked sporadically for defendant on light-duty tasks until June 27, 1994, when Dr. Stein released him to full duty. He worked for a portion of one day at full duty and then voluntarily quit working for defendant. Plaintiff began working for Burlington Coat Factory in June 1994. At trial, plaintiff testified that he has constant pain and limited range of motion in his shoulders and neck. The employer put on various witnesses who testified to events which raised doubts as to the plaintiff's honesty in general, in a previous workers' compensation claim, and in this particular workers' compensation claim. The parties submitted the deposition testimony of four physicians. 2