Harbin v. St. Mary's

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 was employed by the defendant as a security guard. On July 8, 1993, he was struck by a vehicle in the defendant's garage. There is no dispute that the plaintiff was involved in an accident in the course of his employment. The only dispute is whether the plaintiff failed to show by a preponderance of the evidence that he suffered any permanent disability as a result of the accident. The trial court held the plaintiff did not prove any permanent disability by a preponderance of the evidence as a result of the accident. We reverse the decision of the trial court. The pertinent testimony in the case was the oral testimony of the plaintiff, and the deposition testimony of Dr. Dennis Coughlin1, an orthopedic surgeon; Dr. Gilbert L. Hyde, an orthopedic surgeon; and Joseph Scott Brown2, a chiropractor. The plaintiff, thirty years old at the time of the case, testified he continued to have pain as a result of the injuries he received in the accident. He testified concerning many things he is unable to do because of the pain and stiffness associated with the injuries. He is, however, employed as a security officer with another firm. Dr. Hyde, the plaintiff's witness, saw the plaintiff for purpose of evaluation. He found the plaintiff to have muscle spasms in the low back and other manifestations of injury. Dr. Hyde was of the opinion the plaintiff retained a 5% permanent medical impairment and was of the opinion the impairment was related to the on job injury with the defendant. Dr. Coughlin, the defendant's witness, saw the plaintiff on two occasions -- once for examination and ordering of tests and once to report the results of the tests to him. Dr. Coughlin found degenerative disease of the L4 and L5 vertebrae. The 1 The medical records of Dr. David Fardon were introduced through the Coughlin deposition. Dr. Fardon found no permanent impairment. 2 The trial judge found the testimony of the chiropractor to be unreliable. We agree with that assessment and will not consider the testimony in the record. 2