Michele Beeler v. Southeast Service Corporation d/b/a

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 hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the plaintiff had failed to show by a preponderance of the evidence that she had suffered carpal tunnel syndrome as a result of her work for the defendant. The plaintiff, in two issues, basically claims the trial judge erred by finding the plaintiff had failed to carry the burden of showing she was entitled to recover for a work related injury. We affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed JOHN K. BYERS, SR. J., in which WILLIAM M. BARKER, J., and HOWELL N. PEOPLES, SP. J., joined. James C. Cone, Knoxville, Tennessee, for the appellant, Michele Beeler. Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellees, Southeast Service Corporation d/b/a SSC Service Solutions and CNA Insurance Company. MEMORANDUM OPINION Facts At the time of trial, the plaintiff was 39 years of age, married and the mother of two children. She had a high school education. The parties agree that the plaintiff has carpal tunnel syndrome but do not agree on its cause. Medical Dr. C. Stanford Carlson Jr. treated the plaintiff for the carpel tunnel syndrome. He testified in a deposition that first she had carpel tunnel syndrome in the left hand with borderline findings of carpel tunnel syndrome in the right hand. The history according to Dr. Carlson given by the plaintiff was that her work duties with the defendant required her to do intensive computer work with fine manipulation of the hands all day long. He understood she used both hands eight hours a day to do the work. Based upon this, Dr. Carlson was of the opinion the carpel tunnel syndrome was caused by the work. When it became clear that the plaintiff did not use the computer all day long and that she seldom used her left hand in the work, a second deposition of Dr. Carlson was taken. When asked in the second deposition whether the correct history, which showed the plaintiff did not use her left hand for data entry, would affect his previous diagnosis of a work related carpel tunnel syndrome, Dr. Carlson replied that would be "problematic." Further exchange between counsel and Dr. Carlson produced the following question and answer: Q. And Doctor, your opinions that the plaintiff has bilateral carpal tunnel is related to her - that her bilateral carpal tunnel is related to her employment with Southeast Services is based on the truth and accuracy of the history that she provided you. A. Correct. ... There's no question but that carpal tunnel syndrome or any orthopedic condition that is produced by use is dependent upon the accuracy of the history and a determination about where the bulk of the use - hand use and the aggravation is produced. Dr. Carlson further testified that there are a variety of activities that can cause carpel tunnel syndrome and rated the use of a key board as being low on the causation list. Discussion The resolution of the case lies upon the testimony of two key witnesses - the plaintiff and Dr. Carlson. Dr. Carlson clearly testified his original determination of the cause of the plaintiff's carpel tunnel syndrome was caused by the plaintiff's work as outlined on the history given to him by the plaintiff. The plaintiff's testimony showed the history given to Dr. Carlson was not accurate. When Dr. Carlson was made aware of the inaccuracy, he testified that whether the carpel tunnel syndrome was caused by the work was problematic, and further testified that the work the plaintiff did is low -2-