Dianna Skelton v. Robert Shaw Controls

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 trial court awarded Dianna Skelton ["employee"] workers' compensation benefits based on one-hundred percent permanent, total disability. Robertshaw Controls Company ["employer"] appeals, challenging the extent of employee's disability, the admissibility of the opinion of a clinical psychologist as to permanency of employee's disability, and the failure of the trial court to apply the multiplier caps set forth in T.C.A. _ 5-6-241(a)(1). For the reasons herein stated, we modify the award to find 6 percent permanent vocational disability and, as modified, affirm the judgment of the trial court. I Mrs. Skelton had been employed as a factory laborer at Robertshaw for six years when, on September 4, 1992, she sustained a work-related injury to her lower back while lifting parts weighing about 3 pounds and placing them in an overhead bin. She timely reported the injury to Robertshaw and saw Dr. Bowden Smith, an approved physician, for treatment. Dr. Smith gave her epidural steroid blocks and heat treatments and took her off work for 2-1/2 weeks, then ordered lighter work in the Transition Room from September 22, 1992 until October 6, 1992, when she was released to return to full work. She continued to experience back pain, complained to Robertshaw, and then saw another approved physician, Dr. Larry Laughlin, who ordered X-rays and prescribed physical therapy. She continued to complain of pain. On November 2, 1992, she saw Dr. Robert Weiss, neurosurgeon, also an approved 2