Bobbie Foland Peters v. White County Community Hospital

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The Employee received medical treatment for low back pain in March 2004. She was pushed to the floor by a patient in April 2004. She had back surgery in July 2004 and returned to work in September 2004.  She continued to have symptoms. In February 2005, she was involved in a serious automobile accident, unrelated to her employment. She had a another surgery in July 2005 and did not return to work thereafter. She filed suit, contending that both surgeries were caused by the April 2004 incident. The Employer denied liability, contending that the first surgery was the result of her preexisting condition and the second surgery was the result of the motor vehicle accident. The trial court found both surgeries to be compensable and awarded 45% permanent partial disability to the body as a whole. The Employer has appealed. We find that the evidence does not preponderate against the trial court’s finding concerning the first surgery but does preponderate against its finding concerning the second surgery. We also find that Employee had a meaningful return to work after the first surgery, and we therefore, affirm in part and reverse in part and remand to the trial court for recalculation of the Employee’s permanent partial disability.