Smallman v. Shelby

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 court below awarded plaintiff 17% permanent partial disability to each arm. Plaintiff appeals, arguing that the evidence preponderates in favor of a higher award. We affirm the judgment of the trial court. Plaintiff, who was 44 years of age at the time of the trial, has an eighth- grade education. Her previous work history has been mostly in factory assembly work. She has worked as an upholsterer of furniture for the defendant since 1984. She testified that her work requires her to pad the furniture and then cover it with fabric of some sort, which requires her to constantly pull the fabric and tack it into place with a staple gun. In the spring and summer of 1994, plaintiff began to notice some pain and swelling in her wrists and hands. She reported her problems to her employer in August and her employer referred her to Dr. Wayne L. McLemore, an orthopedic surgeon. Dr. McLemore diagnosed plaintiff with bilateral carpal tunnel syndrome related to her work activities. He attempted conservative treatment but that was unsuccessful. He then performed bilateral carpal tunnel releases with satisfactory results. He assigned plaintiff a four percent permanent impairment to each upper extremity. He testified that he did not impose any restrictions upon the plaintiff because he did not want to make it difficult for her to return to work. However, he opined that she did have some restrictions: she should avoid repetitive pulling and wrist-bending activities, heavy lifting and vibrating tools. After plaintiff returned to work in February 1995, she returned to him on July 25, 1995 with complaints of continued pain and swelling. He testified that he advised her to change her employment if it became a regular problem for her. Plaintiff's attorney referred her to Dr. Gilbert Hyde, also an orthopaedic surgeon, for an independent medical evaluation. He felt that she had continued 2