Adrian Jones v. Coca-Cola Enterprises, Inc.

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 plaintiff alleged that "on or about December 13, 1995, [he] was diagnosed with carpal tunnel syndrome, which arose out of and in the course of his employment." The trial court found the plaintiff had failed to give timely notice of this injury or to present an adequate excuse for not doing so, as required by T.C.A. _ 5-6-21, and dismissed his complaint. We affirm the judgment of the trial court. Plaintiff began working for Coca-Cola as a route salesman, driving a Coke truck, in 1992. In July, 1995, he was involved in a non-work-related automobile accident, after which he worked only one week for Coca-Cola. As a result of the auto accident, he received medical treatment from Drs. William Turner, Paul Williams and John P. Howser. EMG nerve conduction testing in December 1995 revealed carpal tunnel syndrome, which Dr. Howser thought was work-related, and he so-informed the plaintiff. Dr. Howser testified that, in his opinion, the work-related bilateral carpal tunnel syndrome pre-existed the July, 1995 automobile accident, and that the auto accident exacerbated it. Surgical correction of bilateral carpal tunnel was accomplished in April and May of 1996 and resulted in Dr. Howser's assessment of "a two percent anatomic disability rating to the body as a whole as a result of his left carpal tunnel and a two percent due to his right carpal tunnel."1 The Plaintiff testified when deposed that he first received treatment for carpal tunnel from Dr. Howser in December, 1995, but that "I had always had a little pain or aggravation in there, and I was just thinking that, you know, it was just, you know, from - - just doing the strain 1But on cross-examination, he responded "Yes" to the question, "Speaking of the 2 percent, you said 2 percent to each extremity for this more recent injury. Is that correct?" 2