Hale v. Athens Stove Works

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, Gregory Hale, has perfected an appeal from a decision of the trial court which declined to modify and increase an award of 25% permanent partial disability to the body as a whole. Plaintiff began working for defendant, Athens Stove Works, in 1987 and sustained an on-the-job injury during 1988 which resulted in surgery on his back for a disc problem. His doctor gave him a 15% medical impairment and the court awarded 25% disability to the body as a whole, etc. After being off from work for about eleven months, he returned to work performing the same duties. On about April 17, 199, while working as a welder, he sustained another injury to his back. A trial was conducted on June 4, 1993 which resulted in an additional award of 25% permanent partial disability to the body as a whole. A judgment for this award was entered on August 13, 1993. Before the judgment became final, plaintiff filed a motion for a new trial and/or to alter the judgment seeking to increase the award based on newly discovered medical evidence. The record indicates there were no further hearings until July 1997 when the court reconsidered the case by reviewing additional medical records of the treating physician and plaintiff's testimony and determined it was not appropriate to adjust or alter the award of disability. At the trial for the second and last injury, plaintiff testified he was 34 years of age and was a high school graduate. He said he also had some vocational- technical school training and possessed a drafting license. He stated that after the 199 injury, he continued to do light work (mostly sweeping) until about June 22, 199, when he was terminated because his employer stated there was no work available which he could do in his condition. The record indicates he has not worked since leaving employment with defendant. He told the court he was in a great deal of pain and could not sit or stand for any prolonged period of time and that he had to take medication regularly to mask the pain. His complaints of pain were to his low back and leg. 2