Brenda Woods v. State of Tennessee

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 9-8-43(a)(1) and Tennessee Code Annotated section 5-6-225(e)(1) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, the employee contends that the trial court erred in awarding permanent partial disability workers' compensation benefits at a rate of 2% to the body as a whole and contends that the evidence preponderates in favor of a much higher award of benefit. After carefully reviewing the record, we affirm the commissioner's award. Tenn. Code Ann. __ 9-8-43(a)(1) 5-6-225(e)(3) Appeal as of Right; Judgment of the Claims Commission Affirmed J.S. (Steve) Daniel, Sr. J., in which Janice M. Holder, J., and Joe C. Loser, Jr., Sp. J., joined. Michell G. Tollison, Jackson, Tennessee, for the appellant, Brenda Woods. Michael B. Schwegler, Nashville, Tennessee, for the appellee, State of Tennessee. OPINION I. Facts and Procedural History Ms. Brenda Woods is an unmarried person who is the mother of three children and was forty-eight years of age when this case was tried before the Claims Commission of the State of Tennessee. She has two daughters and one son. Unfortunately one of her daughters has lupus, and her son has cystic fibrosis. Ms. Woods has and is rearing these children as a single parent. The two children with the physical disabilities lived with her at the time of the trial. Ms. Woods is a high school graduate and has taken college courses at the University of Memphis, Jackson State Community College, and the Tennessee Tech Center in Jackson, Tennessee, but has not graduated from college. She previously worked as a legal secretary for almost ten years. She then had her own consulting firm before working for Harold Ford, Sr. as a health screening coordinator. She went to work for the State in 1999 when she began her work at the West Tennessee State Penitentiary as a Counselor I. She quickly rose in classification to Counselor III and was working in such a position at the time of the work-related accident which is the subject of this lawsuit although she was facing disciplinary action. She has not returned to work for the State subsequent to the accident which is the subject of this litigation. However, she did run for political office in 25 but was unsuccessful in her bid to be elected mayor of the city of Bolivar, Tennessee. Brenda Woods was injured in the course and scope of her employment on September 9, 22, when a chair she was sitting in broke, causing her to fall to the floor and strike her left arm on her desk. The fall caused injuries to her left wrist, back and neck. The back and neck injuries ultimately resolved. Ms. Woods filed a complaint for workers' compensation benefits with the Tennessee Claims Commission for the State of Tennessee, Western Division on August 27, 23, seeking compensation for the left wrist. She later sought and obtained permission from the commission to amend her complaint to seek psychological damages for this work-related incident. Proper notice of her injury was given, and at the time of the injury she was directed first to the prison infirmity then was sent home on the day of the accident. She was seen by Dr. David ErikYakin who treated her left wrist injury. Dr. Yakin initially treated the wrist injury as a contusion, but as time passed and Ms. Woods continued to have pain and swelling, concern developed that she might have a more significant injury. It was ultimately determined by Dr. Yakin that Ms. Woods had a ligament tear in her wrist that was corrected by surgery in December 22, when a left wrist arthroscopy was performed with debridement of the triangular fibrocartilage comple (TFCC) and debridement of a partial scapholunate ligament tear. Ms. Woods continued to experience pain and complained swelling in his wrist, and she was unable to return to work or to perform housekeeping duties. Therefore, Dr. Yakin sought a second opinion from Dr. Weiker. Dr. Weikert recommended further physical therapy but no additional surgery. Dr. Yakin opined that Ms. Woods suffered an 8% impairment of the left upper extremity based on the swelling of her joint, the mild instability of the scapholunate ligament, and her problem in the TFCC region itself. He imposed work restrictions of lifting no more than five pounds and no repetitive activities with her left upper extremity. During a visit in December 22, Ms. Woods made statements that were considered an expression of suicidal ideations by members of Dr. Yakins' staff who referred her to Pathway Psychiatric Unit in Jackson, Tennessee, for psychological care. She was then seen in January 23 by Dr. Elias King Bond who specializes in psychiatry and who treated Ms. Woods sporadically over an extended period of time for depression. After seeing Ms. Woods in January, Dr. Bond next saw her in April 23 for depression and in October 23 for depression and sleep disorder, and he saw her some eleven months later in September of 24 for depression. Dr. Bond primarily treated Ms. Woods with various medications. Our review of the record reveals that on many occasions, Ms. Woods missed her appointments. Dr. Bond was of the opinion that Ms. Woods had depression related to continued pain and inability to use her left wrist. Ms. Woods is left-hand dominant. Dr. Bond made no diagnosis of Ms. Woods' psychological problems but concluded that she had sustained a permanent impairment of moderate intensity for depression. He estimated the impairment at about "15% to the body as a whole" and listed the areas that she was impaired in as "self-care, personal hygiene, travel, communication and sleep."