Eddie Bryant v. Opryland USA, Inc., et al.

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. The defendants in this appeal contend that the Chancellor's award of benefits to the plaintiff on the basis of a percentage to the body as a whole was error in light of the proof which established injuries only to both of plaintiff's arms which are scheduled members. The panel concludes that the award of benefits on the basis of sixty percent to the body as a whole should be modified to provide for an award of sixty percent to both arms. Tenn. Code Ann. _ 5-6-27(3)(A)(ii)(w) (1996 Supp.) The judgment of the trial court is therefore affirmed as modified. The plaintiff, Eddie Bryant, was thirty-six years old at the time of trial. Following his graduation from high school, Bryant served three years in the Navy and received training as a mechanic in diesel repair and in boiler repair. He completed three different training courses at Gravely Equipment, Briggs Equipment School and Echo Power Equipment. Subsequent to his discharge from the Navy, Bryant began working for the defendant Opryland as a mechanic in the horticulture department. Although Bryant was also in charge of the trash crew and performed some tree trimming, his primary job was that of mechanic. In 1992, Bryant began dropping tools and experiencing numbness in his hands. Bryant first saw Dr. Steven Salyers, a medical doctor who specializes in orthopedics, on September 18, 1992. Based upon testing and examination of Bryant, Dr. Salyers diagnosed Bryant as having carpal tunnel syndrome in his right hand. Initially, Dr. Salyers prescribed conservative treatment for Bryant, however, that treatment proved unsuccessful. On January 28, 1993, Dr. Salyers performed corrective release surgery on Bryant's right wrist. Bryant returned to work on light duty, but began experiencing pain and discomfort in his left hand. Electrodiagnostic studies done on March 12, 1993 revealed mild carpal tunnel syndrome. Dr. Salyers -2-