Deborah Barnes v. Rittenhouse

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 employer, Rittenhouse, Inc., has appealed from the trial court's award of permanent disability to each arm. The award was fixed at 75% to the right arm and 6% to the left arm. The employee, Deborah Barnes, was 46 years of age and is a high school graduate. She had worked for Rittenhouse for a number of years when she began to develop numbness and tingling in her hands. She was diagnosed with bilateral carpal tunnel syndrome and had surgery on each hand. After some period of recovery, she returned to work and was working at the time of the trial. She testified that surgery helped to some extent but she was still experiencing problems especially with her right hand. She said she still had a great deal of pain, finger numbness and trouble holding objects unless she used both hands. She said she could not do much housework and that co-workers assisted her in performing work duties. She also complained that her treating doctor (Dr. Ambrosia) did not want to listen to her about what her work duties required and that he released her to return to work without notifying her about the release and that he also released her to return to work without any physical restrictions. The medical notes of Dr. John M. Ambrosia were filed in evidence. He performed the surgical procedures on each hand and gave a 4% medical impairment to each arm. His medical notes seem to support plaintiff's contention she was released to work without any restrictions on her work activity. Dr. Wayne C. Page, a family practice doctor specializing in occupational medicine, examined plaintiff. He testified by deposition and gave a diagnosis of (1) bilateral carpal tunnel syndrome with residual symptoms and (2) tendinitis, hands and wrists. He opined she had 36% impairment to her right arm and 28% impairment to the left arm. He was also of the opinion she should not do any repetitive tasks with her hands and imposed restrictions of lifting, etc. 2