Crowder v. Magic

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 Employee sustained a herniated disk and underwent two lumbar disk surgeries in 1995. The trial court found the back problem was work related and awarded 35 percent permanent partial disability. We affirm the judgment of the trial court. The Employee is now thirty six years old with seven years of formal education. He has fourteen years work experience in factory assembly for this Employer. Prior to that, he worked at a chicken farm and helped his father cut paper wood. On May 4, 1995, he bent over a box at work and felt something "pop" in his low back. He went to the nurse's station, where a "deep heating rub" was applied and he was given an ice pack. He then went back to work, and he continued to work full time until July 1995. In early July, after returning from the July 4th holiday, he experienced increased low back pain and went to the nurse at work again, where he received another deep heating rub. He testified that the pain in his lower back just kept getting worse and started going down his leg, so that he was unable to walk. On July 23, 1995, he went to his family doctor because of the back pain, but he did not tell the doctor about his injury at work. On August 2, 1995, the Employee was involved in an automobile accident and was treated by the same family doctor. When his back pain did not improve, the Employee had an MRI of his lower spine on September 1, 1995. The MRI revealed "a large posterior herniated disc eccentric to the left at the 5-1 level with encroachment into the central canal with AP narrowing as well as eccentric encroachment into the neuroforamina and nerve root on the left." There were also degenerative disc changes. The Employee testified that he was referred to an orthopedic surgeon and, when he discussed his work history and recent activities with the surgeon, they realized that the herniated disk was work related. He immediately reported this to his Employer. 2