Samuel Warren v. Auto-Owners Insurance Company

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 5-6-225(e) (3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The employer argues that the Chancellor erred in determining that the employee suffered a compensable injury to his right leg and in awarding lump sum benefits. After reviewing the record and applicable authority, we conclude that the evidence in the record does not preponderate against the Chancellor's finding that the employee suffered a compensable injury to his right leg, but we also conclude that the Chancellor erred in awarding the employee lump sum benefits. Accordingly, the judgment is affirmed in part and reversed in part. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed in Part and Reversed in Part E. RILEY ANDERSON, JUSTICE, in which JANICE M. HOLDER, J., and ALLEN W. WALLACE, SR. J., joined. Kyle C. Atkins and Paul B. Conley, III, Humboldt, Tennessee, for the Appellant, Auto-Owners Insurance Company. Robert B. Vandiver, Jr., Jackson, Tennessee, for the Appellee, Samuel Warren. MEMORANDUM OPINION BACKGROUND On September 9, 22, in Jackson, Tennessee, the employee, Samuel Warren, was injured as he stepped out of a customer's car that he had test-driven for his employer, Dennis Mitchell Automotive. Warren filed a claim for workers' compensation benefits in the Chancery Court of Madison County, Tennessee.1 The following evidence was presented at trial. Samuel Warren, age 34, testified that he had worked as an automotive mechanic for Dennis Mitchell Automotive since February of 2. Warren's duties included maintenance and basic repairs of engines, struts, shocks, and tires. Warren was also responsible for test-driving customers' cars after repairs were made. As to how his injury occurred, Warren testified: As I stepped out of the car, I felt something -- it felt like it was under my foot or something. It felt like my foot rolled or something. I heard a loud pop, and I immediately couldn't put any weight on my foot. After notifying his employer, Warren went to the emergency room of Humboldt General Hospital in Humboldt, Tennessee. On the day after the injury, Warren's employer referred him to Convenient Care, a division of The Jackson Clinic, where he was seen by Dr. Melanie Hoppers who took x-rays, which revealed a broken foot, and placed him in a Cam walker. Warren was referred by Dr. Hoppers to Dr. Rodney Staton, a board certified podiatrist. Dr. Staton testified that he examined Warren on September 26, 22, and that he reviewed Dr. Hoppers' record and history of September 1, 22, which stated "he was getting out of a customer's car when he stepped out the wrong way and injured his right foot." Warren gave the following history to Dr. Staton: His chief complaint was he broke his foot. He stated that on September 1th, he stepped out of a customer's car while at work, heard a pop in his right foot and felt sharp pain. At that time, he went to Humboldt General Hospital, and then to Convenient Care where he was told that he had a broken fifth metatarsal and was placed in a Cam walker. Dr. Staton said that additional x-rays taken on September 26, 22, revealed that the fracture site had "widened" and that the fractured pieces were "coming apart." He performed surgery to clean the two ends of the fracture and to insert a screw in Warren's right foot that would hold the fractured bones 1 The workers' compensation claim was filed against the appellant in this case, Auto-Owners Insurance Company, which was the employer's insurance carrier. -2-