William David Holden v. Peterbilt Motors Company

This workers' compensation appeal has been referred to theSpecial 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. In this appeal, the employer contends the evidence preponderates against the trial court's finding that the employee's carpal tunnel syndrome was work related and that the award of permanent partial disability benefits based on 5 percent to the arm is excessive. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, J., and JOHN K. BYERS, SR.. J., joined. Patrick A. Ruth, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the appellant, Peterbilt Motors Company. William E. Farmer, Lebanon, Tennessee, for the appellee, William David Holden. MEMORANDUM OPINION The employee or claimant, Holden, is 48 with a high school education and one year of college with experience as a welder and in construction trades. He began working at Peterbilt in August 1983. On July 1, 1997, while using a pry bar to slide a truck on the line, his hand slipped and he hit his left hand against the truck. He felt immediate pain and numbness in the hand and arm. He chose Dr. John McInnis from a list of three provided by the employer. Dr. McInnis x-rayed and splinted the hand and returned the employee to one handed work, after diagnosing a fractured fifth metacarpal. The employee returned to work after an uneventful recovery, but has been unable to make production expectations, for which he was reprimanded, because of pain and numbness in the injured hand and arm. His testimony as to the effect of his injury on his ability to work is supported by the testimony of co-workers and by the testimony of Mrs. Holden. On November 5, 1998, he saw Dr. Richard Fishbein with complaints of pain in the injured hand. Dr. Fishbein attributed a 3 percent permanent impairment to the hand and an additional 5 percent to the left arm for carpal tunnel syndrome caused by the July 1, 1997 injury. Dr. McInnis testified that trauma could cause carpal tunnel syndrome, but estimated the employee's permanent impairment at 1 percent to the left hand only. Upon the above summarized evidence, the trial court found that both injuries, the fractured hand and the carpal tunnel syndrome, were work related and awarded permanent partial disability benefits based on 5 percent to the left arm. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The panel is not bound by the trial court's findings but conducts an independent examination of the evidence to determine where the preponderance of the evidence lies.