David B. Mase v. Coca-Cola Enterprises, Inc.

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. Defendant, Coca-Cola Enterprises, Inc., has appealed from the trial court's action in awarding plaintiff, David B. Mase, 35% permanent partial disability to the body as a whole. The employer contends the trial court was in error in ruling it liable for the compensable injury as opposed to applying the Last Injury Rule, which would have fixed liability against the employee's last employer. An issue is also raised as to whether the trial court was in error in awarding an amount of disability which was in excess of 2_ times the medical impairment rating. Plaintiff was 3 years of age at the time of the trial and had completed the 12th grade. He testified he was injured while working on October 15, 1993, when he was stacking twelve-pack cartons of drinks at a customer's business; that he experienced pain in his left hip and leg; he was referred by his employer to Dr. Don King, who treated him with medication and therapy; he was released to return to work on November 12, 1993, and returned to the same job at the same rate of pay; he told the trial court he did not feel able to work but attempted to do so anyway. Plaintiff was terminated by defendant on December 2, 1993. There is a conflict in the evidence as to the exact reason for his discharge. Plaintiff testified a supervisor requested that he sign a written statement agreeing he could be terminated if he did not meet certain standards of work; that he told the company official that he would not sign the statement because his physical condition would not permit him to comply with the statements and that he was terminated for failing to execute the statement. The record indicates that during 1992 and 1993 plaintiff had been warned a number of times by his employer that his performance on the job was not satisfactory and that he had been tardy in reporting to work often. 2