Gary W. Hardin v. Great Rivers Employment Aptitude and Technical Service, Inc., et al

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 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends that no notice was given by the employee. The panel concludes the judgment should be affirmed as modified. On January 16, 1995, Plaintiff began working at Young Radiator Company as a welder. (T.T. at 16). Plaintiff testified that after he had been working for a period of three weeks, he experienced pain and numbness in his left hand. (T.T. at 17-18). Plaintiff went to see Dr. Charles White of his own accord on February 6, 1995, and paid for the visit through TennCare. (T.T. at 5, 18, 51). Plaintiff testified that he continued to have pain and numbness in his hand and saw Dr. John Phillips on February 22, 1995. (T.T. at 22). Dr. Neblett first saw Plaintiff on February 27, 1995. (Neblett Depo. at 3). Following Dr. Neblett's evaluation, Plaintiff elected to have carpal tunnel release surgery, which was performed on March 9, 1995. (Neblett Depo. at 5-6). The Plaintiff testified that the pain started when he banged on metal and this was what he told his doctors. (T.T. at 61). He further testified, ". . . (b)ut I told them that I didn't know exactly, you know, if that was the cause or not, because I didn't know because I'm not a doctor." (T.T. at 61). Casual connection between the injury and work was related to the employee on March 31, 1995 by Dr. Neblett. (T.R. at 58). Written notice was provided to the employer on April 5, 1995. This panel finds that notice was given within thirty (3) days of knowledge of his injury pursuant to T.C.A. _ 5-6-21 and this case should be affirmed on this issue.