Advanced Plating, Inc. v. James A. Whitehead

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of Tennessee for findings of fact and conclusions of law. In this case, the employee contends (1) the trial court erred in awarding permanent partial disability benefits to a scheduled member rather than finding that the employee was and is permanently and totally disabled and (2) the trial court erred in awarding temporary total disability benefits for only 19 weeks. Appellee, Advanced Plating, Inc., counters requesting reversal and dismissal contending that the injury to the employee did not arise out of and in the course and scope of his employment. For reasons stated, the judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e)(3) Appeal as of Right; Judgment of the Chancery Court Affirmed GRAY, SP. J., in which DROWOTA, C. J., and LOSER, SP. J. joined. George Ellis Copple, Jr. and Ramona P. Desalvo, Nashville, Tennessee, for the appellant, James A. Whitehead. David J. Deming, Nashville, Tennessee, for the appellee, Advanced Plating, Inc. MEMORANDUM OPINION: James A. Whitehead ("Whitehead"), the employee-appellant, was born on the 1th day of February, 1937. He was employed by Advanced Plating, Inc. ("Advanced Plating"), the employer-appellee, as a buffer from 1988 until 1998. Whitehead alleges that on or about January 3, 1998, he injured his right knee while working at his buffing machine when a valve cover, the object he was buffing, became caught on a machine part and was thrown down toward his knee. Whitehead immediately reported the injury to Advanced Plating. Prior to this injury, the then 6-year-old Whitehead suffered from serious health problems including diabetes, hypertension, high cholesterol, and obesity. He was also a recovering stroke victim. After the injury, his knee became swollen and painful, and Whitehead could no longer work after February 16, 1998. He saw Dr. Cranfield, who believed Whitehead was experiencing pain but could not ascertain whether the knee had a fracture. Once he was approved for TennCare, Whitehead saw Dr. Bacon on June 1, 1999. Dr. Bacon found that Whitehead had pre-existing osteoarthritis in his right knee. He treated Whitehead conservatively for ten months and again in April 2. Dr. Bacon then noted that Whitehead's pre-existing osteoarthritis was aggravated by the January 3, 1998 work injury and that this condition progressed more rapidly than usual. Whitehead waited as long as he could, but he could no longer bear the pain. He underwent knee replacement surgery on May 8, 2. Whitehead achieved maximum recovery from the surgery on September 19, 2. Dr. Prachyl, a vocational rehabilitation counselor, tested Whitehead to determine his employability. Based on factors such as Whitehead's limited education, lack of special training, and long history of work as a manual laborer, Dr. Prachyl found that Whitehead qualified for less than 1% of the total jobs in Nashville prior to his injury. Post-injury, the number of jobs available to him further decreased to "essentially zero." Dr. Prachyl concluded that Whitehead was 1% occupationally disabled and unemployable.