Carole Simpson v. Saturn Corp.

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. Saturn Corporation appeals from the trail court's award of permanent partial benefits based upon a 65% disability to the whole body. The fundamental issue is whether the plaintiff's disability from depression is caused by her work injury at Saturn. The Court concludes that it is and affirms the trial court. Carole Simpson, the plaintiff, on August 19, 1991 fell down some stairs and hurt her left shoulder, arm, and hand. She eventually came under the care of Dr. Robert F. Clendenin, III, a Nashville physical medicine and rehabilitation specialist. He concluded that she suffers from a spinal nerve root irritation and assessed her impairment at 5% to the whole body. The doctor restricted the plaintiff's lifting to twenty pounds frequently and forty pounds occasionally and instructed her not to do repetitive overhead work. With those restrictions, the plaintiff has not been able to do her normal work at Saturn. Instead, she has been assigned the less strenuous job of putting together foam clips. At the time of the trial, the plaintiff testified her work consisted mostly of waiting in the cafeteria to be called to perform some duty her injuries would allow. The problem in this case is caused by the plaintiff's depression. She believed her co-workers were constantly harassing her. She was depressed, she testified, because of "all the harassment" she was receiving and because of her pain. She felt constantly harassed by her fellow workers. When asked point blank what she attributed the depression to, the plaintiff said "the lack of a job, the harassment that I have had to endure, the doors that keep closing in my face every -2-