Linda Butler v. Lumbermen's Mutual Ins.

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 Chancellor found that the plaintiff sustained an injury to her left foot which resulted in a 3 percent vocational impairment. This finding is challenged on appeal. 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). The plaintiff is 59 years old. She finished the 11th grade and has extensive industrial training. She was employed by Lanier Clothes, a textile manufacturer in Franklin County, for 22 years. Her duties required a substantial amount of walking. In April 1995, she developed a problem with her left foot, caused by a calcaneal spur. Her attending physician, Dr. Richard Bagby, prescribed custom molded inserts for her shoes, with anti-inflammatory medication. The footware was modified from time to time. She never missed work at Lanier, which closed its factory in October, 1995. About ten weeks later, the plaintiff was employed by Wal-Mart, where she functions satisfactorily so long as she utilizes the orthotic inserts. Dr. Bagby assessed her impairment at five percent to her left foot. He imposed no restrictions but thought she could experience some difficulty if she stood on hard surfaces all day. 2