June Betty Williams v. Saturn Corporation

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel 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 appeals the judgment of the trial court awarding the employee 2% permanent partial disability to the body as a whole for work-related injuries to both shoulders, and denying a set-off for disability payments paid under an employer-funded plan. The employer contends that the trial court erred: 1) in basing the employee's award on an anatomical impairment rating not based entirely on the AMA Guides; and 2) in not granting a set-off for disability payments paid by the employer pursuant to Tenn. Code Ann. _ 5-6- 114(b). We hold that the evidence does not preponderate against the trial court's findings as to anatomical and vocational disability. Accordingly, the judgment of the trial court is affirmed as to this issue. We find that this case should be remanded for further proceedings on the issue of whether a set-off is warranted in this case. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed in Part; and Remanded JAMES L. WEATHERFORD, SR.J., in which JANICE M. HOLDER, J., and JOE C. LOSER, JR.,SP.J., joined. Thomas H. Peebles, IV, Columbia, Tennessee, for the appellant Saturn Corporation. Michael D. Dillon, Nashville, Tennessee, for the appellee June Betty Williams. MEMORANDUM OPINION Ms. June Williams was 44 years old at the time of trial. She has a 12th grade education and completed a medical assistant course. She began working for General Motors in 1977 and worked as a punch press operator or assembly line worker for 1 to 11 years there. During layoffs from GM, she worked in fast food restaurants and worked one year as a medical office assistant. In 1991, Ms. Williams moved to Tennessee to work for Saturn Corporation. She worked on the assembly line using torque guns and doing other repetitive work with her arms above shoulder level. She gradually developed aching and soreness in her shoulders and shoulder blade area. After being treated for several years at the clinic at Saturn, she was eventually referred to Dr. Jeffery Adams, orthopedic surgeon, for treatment. When conservative treatment did not resolve her symptoms, she had surgery on her right shoulder for tendinitis of the biceps tendon on February 23, 1999. She had 2 surgeries on her left shoulder _ one for a labrum tear on June 22, 1999, and an arthroscopic synovectomy on January 19, 2. Her last day of work prior to surgery was February 8, 1999. On September 19, 2,1 Dr. David Gaw, M.D., evaluated Ms. Williams and found that her injuries were caused by her work activities. He assigned permanent restrictions which included avoiding frequent or continuous overhead or outstretched use of the hands for pushing, pulling or lifting. Dr. Gaw assigned a 4% anatomical impairment to the body as a whole for each shoulder, for a combined 8% anatomical impairment rating. He based this rating on minimal loss of motion and change in anatomy due to the 3 surgical procedures.2 Dr. Gaw acknowledged that the AMA Guides do not specifically cover the surgical procedures undergone by Ms. Williams: Well, this is one of those conditions which is not specifically covered by the Guides. There's nothing in there that says debridement of the labrum or cutting the biceps tendon and moving it around, but it's _ I think it has to do with just experience or understanding the physiology or explaining this lady's loss of function. I think that's, in my opinion, a minimal impairment, but certainly there has been some change in this person's anatomy of the shoulder. On January 8, 21, Ms. Williams returned to work at Saturn test-driving cars, a job that is within her medical restrictions, but she has concerns about low job seniority in this position. The surgical procedures significantly reduced her pain, but she "still has some trouble" when she uses her arms in an overhead position. She can not lift either arm for very long and still has pain when doing certain activities. She now has difficulty in holding the phone with her right arm, putting on clothes, and getting in or out of a bathtub. Ms. Williams is now limited in such activities as painting her house, gardening and bowling. Two vocational experts testified at trial. Ms. Patsy Bramlett assigned a 1% vocational 1He testified at his deposition that she reached maximum medical improvement on this date. 2Dr. Gaw assigned 2% to the right upper extremity and 1% to the left upper extremity for loss of motion based on pp. 43-45 of the AM A Guides. He assigned 5% impairment to each upper extremity for the surgical procedures. -2-