Hopson v. Philips

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 appeal has resulted from the action of the trial court in awarding plaintiff, Linda S. Hopson, 55% permanent partial disability to the left arm as a result of an accident while working for defendant, Philips Consumer Electronics. The circuit judge dismissed the case against the Second Injury Fund. Plaintiff, being dissatisfied with the award of benefits, contends the award should be increased. Linda Hopson was 42 years of age and is a high school graduate. She does not have any vocational training. She sustained a prior injury to her back during 1991 and was awarded 75% permanent partial disability to the body as a whole during a contested hearing in the Chancery Court for Greene County. The injury in the present action occurred on defendant's production line where she was required to use an air gun and to make repetitive arm movements. Her injury was to her left wrist and she is left-handed. She underwent surgery on November 8, 1994, when Dr. Christopher T. Lechner, an orthopaedic surgeon, repaired a partial tear of the ligament and noticed she had some synovitis (swelling); she was seen on regular basis and was still complaining of pain four months later. The doctor testified by deposition and said pain that late after surgery was not normal. He x-rayed her arm and noticed changes consistent with Kienbach's disease, which is a condition where the blood supply to lunate is not normal and the bone collapses. He stated this was a painful condition and required further surgery. The second surgery was performed on March 28, 1995 when the lunate was removed and the wrist was stabilized "by fusing three of the remaining six bones together". He also described the event as "taking the painful bone out and then to give her a stable wrist, although she knew that it would be a stiffer wrist as well". This surgery went well but she still had discomfort after a reasonable healing period and Dr. Lechner recommended she get a second opinion from another hand surgeon. Plaintiff saw Dr. Joseph C. DeFiore, Jr. and his report was introduced into evidence. He concurred with Dr. Lechner's diagnosis and treatment and stated "it is 2