Virginia Sykes v. Saturn Corporation

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. In this appeal, the defendant/appellant, Saturn Corporation, argues that there is no evidence that the permanency of plaintiff/appellee's plantar fasciitis and Morton's neuroma was caused by her employment, and that the plaintiff/appellee's condition of lupus was not caused by her employment. 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 ADOLPHO BIRCH, J. and ALLEN W. WALLACE, SR. J., joined. Thomas H. Peebles, IV, and Terrence O. Reed, Nashville, Tennessee, for the appellant, Saturn Corporation J. Anthony Arena, Nashville, Tennessee, for the appellee, Virginia Sykes MEMORANDUM OPINION Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1998). The trial court in this case awarded the plaintiff/employee permanent partial disability benefits as a result of injury to her feet. The defendant argues that the plaintiff failed to carry the burden of proof with respect to causation of the permanency of the plaintiff's conditions, and that the trial court erred in finding that the plaintiff is entitled to permanent partial disability benefits. We do not find that the evidence preponderates against the finding of the trial court, and therefore affirm the ruling of the trial court. Facts The plaintiff/appellee, Virginia Sykes, began working at the Saturn plant in 199, and was assigned to a team that was responsible for attaching laches and other parts to the doors of the cars. Sykes worked ten hour shifts, having to stand on concrete or wood floors the entire time, except for two breaks and a thirty minute lunch break. Sykes began experiencing pain in her feet in 1993 and went to her doctor, Linda Monroe, about this problem. Sykes told Dr. Monroe that she thought the problem was work related, and Dr. Monroe referred her to Dr. McArthur. Sykes reported the problem to Saturn on April 3, 1994. Dr. McArthur treated Sykes with medications, injections, etc., and the treatment did help somewhat. Sykes was then referred to Dr. Davidson, who diagnosed her with plantar fasciitis and Morton's neuroma and kept Sykes off of work. Dr. Davidson tested Sykes for lupus at that time, but the test was negative. Dr. Davidson performed surgery on the left foot of Sykes in 1995, but there was little or no improvement. In 1998, Sykes was diagnosed with lupus. Sykes was on permanent work restrictions of sitting only, but that was modified to one hour of standing, one hour of sitting, alternatively. Sykes was placed on long-term disability because of her lupus. Medical Evidence The depositions of Dr. Randall Davidson and Dr. David Gaw were the only medical testimony before the trial court. Although both doctors agree that the impairment rating should be 4 percent to the left lower extremity and 2 percent to the right lower extremity, they do not agree that the working conditions at Saturn is what caused this condition. Dr. Davidson testified that he believes within a reasonable degree of certainty that lupus caused Sykes foot problems to become permanent, whereas they are usually temporary problems. Dr. Davidson also testified that lupus could have actually been a factor in causing Sykes' plantar fasciitis. Dr. Davidson further testified that there are a number of factors that could have caused Sykes' foot problems, and that he could not state within a reasonable degree of medical certainty that Sykes' work at Saturn did anything more than temporarily aggravate the plantar fasciitis. Dr. Davidson did perform surgery on Sykes' left foot, however there was little or no improvement, so there was no surgery to the right foot. Dr. Davidson put Sykes on permanent work restrictions after the surgery as stated above. Dr. Gaw conducted an independent medical evaluation of Sykes. Dr. Gaw testified that -2-