Robert E. Edwards v. Anderson Hickey Co.

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, Robert E. Edwards, fell 14 to 18 feet to the ground at work, injuring his right ankle. The trial court awarded 95 percent permanent partial disability to the right lower extremity. We affirm the judgment of the trial court. The employee is 65 years old with a high school education and work experience in general labor and welding. He has a non-work-related below the knee amputation of his left leg. On July 7, 1994, the employee fell from a forklift a distance of about 18 feet and landed on his left foot, crushing his right ankle. He was treated by Dr. Carl W. Huff, a board-certified orthopedic surgeon who is also certified by the American Board of Preventive Medicine, Certified Occupational Medicine. Dr. Huff first saw the employee on July 8, 1994. An x- ray at that time revealed a fracture of the calcaneus. He placed Mr. Edwards in a cast and on modified weight bearing. In September 1994, he placed the patient in a brace. During this time, Mr. Edwards required significant analgesics for pain and used a cane to help with relieving weight on the ankle and for balance. He developed post- traumatic arthritis in the talocalcaneal joint of the right foot as a result of the injury and now has limited mobility and pain with walking and weight bearing. Dr. Huff opined that plaintiff reached maximum medical improvement as of February 8, 1995. He assessed ten percent anatomic impairment to the lower extremity, with functional impairment greater due to the below the knee prosthesis on the other leg. He is limited to standing and walking about four hours a day, carrying objects lighter than ten to 15 pounds, and he cannot climb. He can go up and down steps but would have a decreased ability and more risk in doing so. He is capable of doing full-time light work, including machine operation, light lifting, or working with his upper extremities only. A job that would allow intermittent standing, sitting, and walking would be feasible. 2