Sherry Lynn Hudgens v. Royal & Sunalliance Insurance

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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 employer appeals the judgment of the trial court awarding the employee 45% permanent partial disability to her left arm. The employee, who was diagnosed with DeQuervain's Syndrome caused by repetitive use of her hands while working for the employer, had sustained a 2% anatomical impairment to the upper extremity and had permanent restrictions on the use of her left hand. The employer contends the trial court erred by 1) granting an excessive award; and 2) finding that the injury was to the arm rather than the hand. We hold that the evidence does not preponderate against the trial court's findings. Accordingly, the judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Criminal Court Affirmed. JAMES L. WEATHERFORD, SR. J., in which JANICE M. HOLDER, J., and JOE C. LOSER, JR., SP.J., joined. John W. Barringer, Jr., Nashville, Tennessee, for the appellants, Royal & Sunalliance Insurance and TennPlasco, Inc. Frank D. Farrar and William Joseph Butler, Lafayette, Tennessee, for the appellee, Sherry Lynn Hudgens. MEMORANDUM OPINION Mrs. Sherry Lynn Hudgens, the employee/appellee, was 42 years old at the time of trial, has a twelfth grade education, and has no special skills or training. All of the jobs she has held in the past involved some type of manual labor. She has worked as a dishwasher, hotel maid, custodian and school bus driver. She has also worked in factories and fast food restaurants, and on farms baling hay. From 1999 until 21, Mrs. Hudgens worked in the finishing department for TennPlasco, Inc., the employer/appellant, where she unpacked boxes of parts and loaded these parts onto an assembly line. On January 5, 21, Mrs. Hudgens felt burning and pain in her forearm and wrist area while working at TennPlasco. She was referred to Dr. Paul Abbey who gave her a wrist immobilizer to reduce the pain. Prior to her employment with TennPlasco, Mrs. Hudgens had never experienced or complained of pain or complications with her left wrist, hand, or arm.1 Still experiencing pain, Mrs. Hudgens sought additional treatment from Dr. Robert P. Landsberg, a board certified orthopedic surgeon. On July 18, 21, Dr. Landsberg conducted an evaluation of her left arm and also reviewed her prior medical records. Dr. Landsberg diagnosed Mrs. Hudgens with "DeQuervain's syndrome which is constrictive tenosynovitis in the first dorsal extensor compartment on the left." He found the anatomical problem to be above the wrist, but that it affected the use of her thumb and wrist. Dr. Landsberg assigned a 2% permanent partial impairment rating to the left upper extremity based upon the latest edition of the AMA Guides. On February 21, 21, Mrs. Hudgens was released to return to work with permanent restrictions of no repetitive gripping or squeezing with the left hand. She was laid off on February 24, 21, and has not been called back to work at TennPlasco. Mrs. Hudgens testified that she cannot return to any of her previous jobs because of her injury and permanent restrictions. She applied for eight or nine jobs within three weeks prior to trial, but had not been contacted by any employer. According to Mrs. Hudgens, "Whenever I use [my left arm] a lot, I have swelling that comes up in the arm area down into the wrist and thumb." She can only perform moderate physical activities with her left arm for 15 to 2 minutes before the pain and swelling begins. Mrs. Hudgens testified that before her injury she could feed her animals, mow the lawn, cook, clean, and perform other household chores. She now uses paper plates and cups because she is unable to lift her ceramic plates and glassware. The trial court found that Mrs. Hudgens had sustained a 45% permanent partial disability to 1 Mrs. Hud gens suffered a previous injury to her right arm while working for TennPlasco for which she received a 1% upper extremity impairment rating for loss of strength to her right side. This injury is not an issue in the present case. -2-