Beard v. Quadrex

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. Defendants, Quadrex Corporation and Liberty Mutual Insurance Company, have appealed from the trial court's award of 5% permanent partial disability to the body as a whole. They contend the court was in error in fixing any disability for plaintiff's psychological injury and that the award exceeded the statutory cap of six times the medical impairment rating of 5%. Plaintiff, Timmy Ray Beard, sustained a low back injury in a work-related accident on December 13, 1993. He was 36 years of age at the time of the trial and had completed the 11th grade. He was qualified to do manual labor jobs. He returned to work during June 1994 but had to stop working because he said he was hurting so much he could not work. He has not returned to work. Plaintiff came under the care of Dr. Donald D. Dietze, a neurosurgeon, who testified by deposition. He stated the lumbosacral injury resulted in a 5% medical impairment. Plaintiff was treated with medication and therapy followed by a work- hardening program. The doctor placed certain restrictions on his lifting, standing, stooping, etc. activities. Plaintiff eventually was seen by Dr. Catherine E. Gyurik, a psychiatrist, whose testimony was presented by two depositions. The first deposition was taken on December 4, 1995 and the second deposition was recorded on June 27, 1996. Dr. Gyurik first saw plaintiff on June 12, 1995, which was about eighteen months after the accident. She told the court plaintiff had gained about fifty pounds; he was not sleeping; he was not socially active; and he was irritable and agitated. She gave a diagnosis of classical depression with moderate impairment, which meant he was greatly impaired in connection with his vocational ability. She said this would result in a 25-5 percent impairment for his psychological condition. The doctor prescribed anti-depressant medication and was of the opinion the depression was due to the physical injury he had sustained on the job. 2