Linda Sue White v. Eaton Corp.

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 only issue raised in this case is whether the award of 35 percent permanent disability to the plaintiff's right arm is excessive. We find that it is not and affirm the judgment of the trial court. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). At the time of the trial, the plaintiff was 33 years of age; she had graduated from high school; she had two years of training as a nursing assistant; and she had served four years in the U.S. Navy, where she was trained and worked as a dental assistant. The plaintiff began work for the defendant on June 23, 1993, and on July 19, 1993, she began work on the production line. This work required considerable use of the hands and the use of tools. Soon after commencing this work, the plaintiff began to experience pain in her right wrist. On August 9, 1993, the defendant sent the plaintiff to Dr. Samuel Sells. Dr. Sells diagnosed the plaintiff's problem as carpal tunnel syndrome. The plaintiff was assigned another job and was sent or went again to see Dr. Sells on February 4, 1994 for pain in her left and right arms. Dr. Sells advised the plaintiff to stay off from work until February 27, 1994. On June 26, 1994, the plaintiff left work because, according to the record, she was unable to find a day care facility for her child.1 Dr. Sells referred the plaintiff to Dr. James K. Lanter, a hand surgeon. Dr. Lanter saw the plaintiff on March 17, 1994 and diagnosed her condition as DeQuervain's tenosynovitis in 1 The plaintiff testified she asked for that entry to be made on her discharge sheet rather than discharge for injury in order to help her in future job searches. 2