J.C. Penney, Inc. v. Debra Sue Crawford

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 filed this complaint for a determination of the benefits available to the defendant on account of asserted compensable injuries to her arms/hands, i.e., carpal tunnel syndrome. The Chancellor awarded benefits for a three percent permanent partial disability to each arm. The employee appeals, and presents two issues for review, which we restate as whether the award was inadequate, and whether the employee should have been allowed to state an opinion concerning her ability to perform certain jobs. 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 finding, 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). Ms. Crawford is 37 years old. She is a high school graduate, five feet three inches tall and weighs 295 pounds, according to the IME, Dr. David Gaw. She began working as a customer service representative in the telemarketing division of J.C. Penney Company in 199, where she remains employed. In January 1995 she reported symptoms of hand pain to her employer who referred her to Dr. James Lanter, orthopedic specialist. Dr. Lanter first saw her on February 22, 1995 and diagnosed her condition as tendinitis with possible carpal tunnel syndrome. He recommended a reduction in her working hours to 32 per week, and continued to see her through February 21, 1996. During this time Dr. Lanter's treatment was extensive; he obtained two EMG's and nerve conduction studies which indicated mild bilateral carpal tunnel syndrome, not progressive. He continued treating her for more than a 2