James K. Ringrose v. Saturn Corp.

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. Plaintiff sustained deQuervain's disease, an inflammatory condition which first manifested itself in November, 1992, while doing repetitive factory work for defendant. The trial court awarded 1 percent permanent partial disability to the right upper extremity for his right wrist injury. The plaintiff also developed an impingement injury to his right shoulder in August 1993. The trial court awarded 1 percent permanent partial disability to the body as a whole for this injury. We affirm the judgment of the trial court. Plaintiff first reported severe pain in his right wrist to the medical department of the employer on November 9, 1992. He was given an over-the-counter anti- inflammatory medication and a wrist splint. He went back to work. He returned to the medical department on January 28, 1993 with continuing complaints of pain. He was given a wrist splint and placed on work restrictions. Soon thereafter, the employer referred plaintiff to Franklin Bone and Joint Clinic, where he was given a corticosteroid injection in his right hand. He was told to wear a thumb splint and to temporarily avoid gripping with his right hand. On August 26, 1993 Plaintiff sustained an injury to his right shoulder, while pushing and pulling auto doors. The employer's medical department provided pain medication, ice packs and on-site physical therapy, then referred him to Dr. Jeffrey Cook, a board-certified orthopedic surgeon. Dr. Cook treated plaintiff from November 18, 1993 until April 11, 1995. He surgically removed the end of plaintiff's collar bone, bone spurs and scar tissue. On April 11, 1995, plaintiff told Dr. Cook that he was transferring to a position which would not require repetitive motion. Dr. Cook assessed no permanent disability, although he also opined that Dr. Gaw had seen plaintiff more recently, and therefore if Dr. Gaw thought plaintiff had 5 percent disability he would not disagree. 2