Deborah Griffin v. Ace USA

This workers' compensation appeal has been referred to the Special 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. The trial court found the plaintiff had sustained a 4 percent permanent partial impairment to her body as a whole as a result of an injury to her left arm,1 which aggravated a previous impairment to her right arm. The employer appeals the trial court's judgment. The employer contends that the plaintiff's injury was to a scheduled member, not to the body as a whole, and that the evidence did not preponderate in favor of the amount of the trial court's award. We conclude that the plaintiff may recover only for the injury to her left arm, a scheduled member, and we modify the plaintiff's award to 5 percent permanent partial disability to the left arm. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed as Modified and Remanded JOHN K. BYERS, SR. J., in which JANICE M. HOLDER, J. and JOE C. LOSER, SP. J., joined. P. Allen Phillips, Jackson, Tennessee, for the appellant, Ace USA. Jack Manhein, Jr., Jackson, Tennessee, for the appellee, Deborah Griffin. MEMORANDUM OPINION At the time of trial, the plaintiff, who is married and is the mother of a child, was forty years of age. She has a twelfth-grade education. The plaintiff's work history is, for the most part, that of 1 The trial judge and the testifying physicians refer to the plaintiff's injuries as being to the "upper extremities." However, the Workers' Compensation Act refers to "arms." a food service worker. In 1991, the plaintiff's right arm was broken in an automobile accident. The accident was not job-related. As a result of that injury, the plaintiff has a metal plate in her right arm. On March 22, 2, the plaintiff received a work-related injury to her left ring finger, resulting in amputation of the finger, for which she received compensation based upon a 25 percent loss of use of her left arm. On March 14, 21, while working as a crust stacker for the defendant, the plaintiff's left arm was caught by mechanical flippers on a production line. Her radius and ulnar bones were severely fractured. The plaintiff testified that as a result of the left arm injury she is unable to bend her wrist, that she cannot perform household chores because of the loss of grip, that her left arm is weaker, and that she has pain in her left arm. She further testified that as a result of the injury to her left arm she has to use her right arm more often, which has caused her right shoulder to hurt. The physician who was treating the plaintiff's arm fracture released her to return to work on July 1, 21, without any restrictions. However, the plaintiff was still under restrictions as a result of the March 2 injury. The plaintiff was doing a light-duty job at the time of trial. On July 21, 21, the plaintiff submitted a resignation letter to Aurora Foods, Inc. The plaintiff reported to Aurora that she resigned because she was having pain in both of her arms due to the two accidents she had while working at Aurora. The trial court found that the plaintiff's injury to her left arm aggravated and exacerbated the prior injury to her right arm, resulting in a 4 percent permanent partial disability to the body as a whole. Medical Evidence Dr. W. Randolph Fly, an orthopedic surgeon, saw the plaintiff immediately after the left arm injury2 and performed surgery that consisted of opening the arm and placing plates on the broken bones. Dr. Fly continued to see the plaintiff over a period of several weeks and testified that she progressed normally in the healing process, which included pain and weakness in her arm during the time of treatment. Dr. Fly stated on May 8, 21, that the plaintiff could return to work with restrictions of no lifting over 5 to 1 pounds, no fine manipulation with her left hand, and limited hours of work. On July 1, 21, Dr. Fly found that she had reached maximum medical improvement. He fixed no restrictions on her as a result of the injury to her left arm. He testified the previous restrictions for the injury to her fingers were still in effect. Dr. Fly testified he only 2 Dr. Fly's notes on the date of the plaintiff's injury indicate that the plaintiff reported pain in her left shoulder. Th ere wa s no furth er me ntion o f left should er pa in by D r. Fly. -2-