Oca Crai v. Thomas & Betts 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. The employer, Thomas & Betts Corporation, has appealed from the action of the trial court in awarding plaintiff, Oca Crain, 1% permanent disability to her right foot. The only issue is whether the 1% award to the foot is excessive. Mrs. Crain sustained a work-related injury on July 9, 1996, when a forklift truck ran over her foot and then backed up and ran over the foot a second time. She was 63 years of age at the time of the accident and 65 years old at the time of the trial. She completed the 1th grade and had worked for defendant for about 27 years. At the time of her injury, she was working as an "assembler" which required standing on her feet most of the time. After being off work for about three months, she returned to light duty work. The defendant attempted to accommodate her work restrictions and changed her job to a "bagger" which permitted her to sit down and afforded her an opportunity to elevate her injured foot. She worked at this job for about nineteen months until she fell at home and injured her shoulder. At the trial below, she had not returned to work and did not think she could return. She testified that after returning to work from the foot injury, she still had problems with her foot such as pain, swelling, tingling toes and numbness; that she had to keep her foot elevated 75% of the time and that her production rate was not at the required level; that she could not do her housework, mow her yard and many other things she enjoyed doing before the accident. She said she had planned to continue working as long as she could as her income was limited since she lived by herself. Plaintiff came under the care of Dr. William J. Drury, an orthopedic surgeon, who testified by deposition. He saw her eleven times during the seven month period of treatment. Dr. Drury testified she had a severely crushed foot with fractures of two toes; that the fractures did not heal and probably would not heal properly due to poor circulation in her foot; that this resulted because blood vessels were severely damaged and surgery would not be helpful. His prognosis was that although the bad 2