Glover v. Philips

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 plaintiff, who was 38 years of age at the time of this trial and who has a meager education, testified she fell over a fan on September 15 or 16, 1993 while working for the defendant and injured her back. The trial judge awarded 31% permanent partial disability to the body as a whole. We affirm in part and reverse in part. The plaintiff testified she told her supervisor at the time of the fall that she was injured. The supervisor denied he received this report. The dispensary nurse at the plant notes that on September 16 at 3:45 p.m., the plaintiff came to the dispensary and complained of back pain which, the note showed, was reported to be the result of a fall three years previously. There is no indication the nurse in the dispensary referred the plaintiff to an approved physician for treatment or evaluation of work injuries. The entry shows the plaintiff was sent home and ordered to take Advil for the pain. On September 17, 1993, the plaintiff was seen by Dr. Stanley of the Takoma Medical Group. Medicine for pain and muscle relaxers were prescribed for the plaintiff. The plaintiff was next seen in March 1994 by the group, then June 13, 1994, July 2, 1994, October 4, 1994, November 1, 1994 and March 1995. The testimony concerning the plaintiff's treatment and depression was given by Dr. Richard J. Aasheim, a family practitioner. The testimony reveals the plaintiff had a plethora of ailments, many attributable to her general physical condition, which showed a person 5'2" who weighed more than 18 pounds and was moderately obese. We need not go into great detail concerning the overall medical findings concerning the plaintiff. The pertinent parts of the doctor's testimony for the purpose of this case is his finding the plaintiff had lower back pain and muscle spasm as a result of the fall she related to him, with underlying chronic back pain prior to the fall. He testified that the fall aggravated and advanced pre-existing chronic back pain. 2