Roy Clardy v. TRW Commercial Steering Division

This workers’ compensation appeal has been referred to the Special Workers’ Compensation
Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee, Roy Clardy, alleged that he had sustained gradual injuries to his right shoulder, right arm and thumb, and left arm. The trial court awarded 22.5% permanent partial disability to the body as a whole for the shoulder injury, 75% permanent partial disability to the right arm and 55% permanent partial disability to the left arm. The employer, TRW Commercial Steering Division (TRW), has appealed that ruling, asserting that the trial court erred by making separate awards, rather than a single award to the body as a whole; that the award is excessive; that the trial court erred in excluding portions of Mr. Clardy’s discovery deposition from evidence; and that the trial court did not have jurisdiction over the subject matter. We conclude that a single award should have been made in accordance with the concurrent injury rule and modify the award to 45% permanent partial disability to the body as a whole for the combined injuries. We also hold that the trial court erred in excluding Mr. Clardy’s deposition testimony. Finally, we hold that the trial court had jurisdiction over the subject matter of the case.