Craig Ring v. Ckr Industries, Inc., et al.

This Workers' Compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, CKR Industries, Inc. and The Yasuda Fire & Marine Insurance Company of America, appeal the judgment of the trial court in finding the plaintiff, Craig Ring, sustained a compensable work-related injury and awarding permanent partial disability of twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court. The plaintiff, Craig Ring, was 26 years of age at the time of this trial. He has a GED, no specialized job training, and a prior history of factory production work. Plaintiff worked for defendant, CKR Industries for 4 years prior to Au gust 3, 1994 , when he reported an injury to his left index finger and arm. He operated a press or machine at that time which required repetitive movement of both arms. Dr. Mary Ellen Clinton, a board certified neurologist, examined and treated plaintiff after he had been seen and referred by numerous doctors. She gave various possible causes of plaintiff's problem, but stated his condition was not work-related. Plaintiff was seen by Dr. Richard Fishbein, a board certified orthopedic surgeon, for the purpose of an ind ependent me dical evaluation. Dr. Fishbein was of the opinion the plaintiff's condition was ulnar neuropathy caused by his repetitive work. He assessed a permanent partial impairment of fifteen percent (15%) to the left upper extremity and assigned work restrictions of no lifting of more than 2 pounds on a regular basis and n o more than 5 pounds on a very infrequent basis. Plaintiff testified he really did not know how or when he hurt his finger and arm, but they first became painful at wo rk on Augus t 3, 1994. At trial, he comp lained of constant pain in his left elbow and numbness in the tip of his left index finger. Because of his work restrictions, he has been transferred to a lighter job at less pay. Plaintiff has taken up go lf, built a deck on his house, and raced four wheelers since August, 1994. At trial, the parties stipulated the date of the injury, notice, all medical bills and temporary total disability payments had been paid, and the appropriate weekly compensation 2