Christopher v. Sockwell

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting of findings fact and conclusions of law. In this appeal, the employer, Witco Chemical Company and Witco Corporation ("defendant"), self insured, contends that the evidence preponderates against the trial court's award of eighty percent (8%) vocational disability to plaintiff, Alfred Edwards, computed at two and a half times the anatomical impairment rating of plaintiff's physician of thirty-two percent (32%). For the reasons set forth below, we affirm the judgment of the trial court as modified. Plaintiff, forty-nine years old at time of trial, had been an employee of defendant for 18 years. He had been performing the same job for defendant for almost 17 years. There is nothing in the record as to plaintiff's prior employment. Basically, plaintiff's job at defendant's plant entailed transferring hot oil from one processing vessel to another. As part of his normal routine, he was required to open and close several valves. Some valves operated by turning a round handle, others by pulling on sections of chain that would open and close a particular valve. In May, 1995, while in the process of transferring hot oil from one tank to another, hot oil bubbled up and splashed onto plaintiff's body. Plaintiff received severe burns on his arms, back, and abdomen, along with a small spot in front of his right ear. He required skin grafts to areas of his right arm and the right side of his stomach. The rest of his burns healed without requiring surgery. Plaintiff was treated by Dr. William Hickerson, a plastic surgeon, at the local burn center. Plaintiff was off work for approximately seven months. At the time of his deposition in November 1996, Dr. Hickerson testified that he was currently treating plaintiff for persistent healing problems and that in all likelihood plaintiff would need to undergo more