M.S. Carriers, Inc. v. Robert Wood

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e)(3) for a hearing and reporting of findings of fact and conclusions of law. As discussed below, we affirm the trial court's judgment. FACTUAL BACKGROUND At trial, Robert Wood, age forty-nine (49), a resident of Clinton, Arkansas, testified that he had finished the 1th grade, but he has not received a GED. Until his truck accident, the Respondent had been employed by M.S. Carriers, Inc. ("Carriers"), as an over-the-road truck driver for three and one-half (3_) years. He stated that on June 25, 1996, during the early morning hours, he entered an on ramp on an interstate in Perryville, Maryland, when "I had a paper load that shifted, and it took me off -- laid the tractor and trailer over on its side." Carriers assisted him in returning to Memphis, Tennessee, where he was seen by Dr. Bruce Randolph on June 27, 1996. Dr. Randolph set the Respondent up for physical therapy. Next, the Respondent saw a Dr. Thomas Eans, in Little Rock, Arkansas, with the permission of Carriers. After an MRI, Dr. Eans referred the Respondent to Dr. Blankenship. Here, the Respondent testified that he wanted to see a Dr. Peek, from a list of doctors furnished by Carriers, but Carriers refused and wanted him to be seen by Dr. Scott Schlesinger. Dr. Schlesinger ordered no tests but set the Respondent up with a work hardening program and FCE (functional capacity evaluation). After two visits, Dr. Schlesinger released the Respondent in November of 1996. The Respondent testified that he returned to see Dr. Eans in January 1997. In the interim, Carriers had notified the Respondent that he would not be receiving any more medical treatment or be able to see any more doctors, and that they were not authorizing it, although he had requested additional treatment. According to the Respondent, Dr. Eans referred him to Dr. Schock, an orthopedic surgeon and back specialist. After a discogram, Dr. Schock operated on the Respondent for two herniated discs in July of 1997. Since his surgery, the Respondent has attempted to find employment at various places, but has been unsuccessful. The Respondent testified1 that he still has trouble with too much sitting or standing, and is somewhat incapable of really bending or stooping. He estimates that he can lift between ten (1) or fifteen (15) pounds without too much discomfort. During cross-examination, the Respondent conceded that he was upset and thought that it was somewhat unfair for Carriers to terminate him as a result of the accident. Also, after release from Dr. Schlesinger, Respondent did not speak to Pat Aeschliman, a workers' compensation adjuster for Carriers about continuing medical treatment from Dr. Eans, or surgery performed byDr. Schock. Mrs. Halle S. Wood, wife of the Respondent, testified that they have been married twenty- seven (27) years, and prior to his surgery her husband was in an extreme amount of pain, and had problems walking and getting around. She stated that since the surgery, her husband is doing much better. 1Wood's injury occurred on June 25, 1996. The trial of this action was held on March 1, 1999, and the case was taken under advisement. The trial court's order was entered on March 1, 2. We point out that workers' compensation cases are granted priority over all other cases on both the trial and appellate dockets. Tenn. Code Ann. _ 5-6-225(f)(1). -2-