Courtney Brown v. Bridgestone/Firestone, Inc.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the judgment of the trial court awarding the employee 5% permanent partial disability for disfigurement pursuant to Tennessee Code Annotated _ 5-6-27(3) (E) for scarring resulting from a friction burn sustained when her left hand got caught in a conveyor belt while working for the employer. We hold that the evidence does not preponderate against the trial court's findings. Accordingly, the judgment of the trial court is affirmed. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Criminal Court Affirmed. JAMES L. WEATHERFORD, SR. J., in which ADOLPHO A. BIRCH, J., and JOE C. LOSER, SP. J., joined. Mary M. Little, McMinnville, Tennessee, for the appellant, Bridgestone/ Firestone, Inc. B. Keith Williams, Lebanon, Tennessee, for the appellee, Courtney Brown. MEMORANDUM OPINION Ms. Courtney Brown was 23 years old at the time of trial. She has a high school diploma and attended college for 1.5 years majoring in pre-vet. Prior to her job at Bridgestone/Firestone, she worked as a vet technician and as a truck dispatcher at a sporting goods store. She is right-handed. On August 6, 1999, she suffered a third-degree friction burn to the back of her left hand when her hand got caught in a conveyor belt at Bridgestone/Firestone. Ms. Brown was referred to Dr. Bruce Shack, M.D., Chairman of the Department of Plastic Surgery at Vanderbilt. Dr. Shack found that she had suffered a very deep injury involving a full thickness loss of the skin across the entire breadth of the back of her left hand that would require skin grafting. On August 13, 1999, he performed skin graft surgery. On June 29, 2, Dr. Shack found that Ms. Brown had reached maximum medical improvement and released her to return to work with no restrictions. He found that she had regained full range of motion and did not require any further therapy. Although he noted that her "scars were still a little bit red", he felt the scars would "go on to probably mature satisfactorily." He did state that skin grafts require more lubrication and protection than normal skin. Dr. Shack found that she did not have any limitations on the use of her hand. Dr. Shack assigned a 2% impairment to the hand based on Page 28 Table 2 Class 1 for skin disorders contained in the AMA Guides Fourth Edition. He admitted that this section of the Guides is more subjective and vague than other sections, but felt she did deserve some impairment based on the scar. On October 16, 2, Dr. David Gaw, M.D., orthopedist, performed an independent medical examination. Dr. Gaw found that Ms. Brown had a scar 6 centimeters in length and 3 centimeters in width along the top of her left hand. He also reported she had a 1.5 centimeter scar along her left index finger. Ms. Brown expressed concern about the appearance of the scar, which Dr. Gaw described as red, thickened and tender to touch. Dr. Gaw found that her index finger would not close completely to the palm in making a fist but would only go to within 3/8 of an inch of the palm of her hand. Dr. Gaw assigned 2% impairment based on slight motion loss of the index finger and 5% impairment to the left hand for disfigurement, scars and skin graft using the same section of the Guides on skin disorders as Dr. Shack had used for his impairment rating. He did not assign specific restrictions but indicated that pain would be the limiting factor on her activities. Ms. Brown testified that the scar does affect her grip strength, there is not a lot of feeling in the skin graft area, and that the range of motion in her finger bothers her sometimes. She also stated it can be very painful if she gets hit in that area. The scar appears worse in the winter and breaks out in a bad rash. Ms. Brown continues to work for Bridgestone/Firestone earning the same wage she earned at the time of the accident. When asked how this scar affected her ability to get a job or keep a job, Ms. Brown responded as follows: I'm very ashamed of it. I keep it covered up. Most of the time I'm wearing long sleeves. I try to cover them up. I don't feel I'm as outgoing as I used to be. Especially talking with my hands or doing anything with my hands. I keep them, keep it covered most of the time. -2-