Wilburn v. Boyle

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 plaintiff below appeals the trial court's dismissal of his complaint, holding that the plaintiff had not met his burden of proving that he had sustained a permanent vocational disability as a result of his work-related accident. We affirm the trial court's judgment. The plaintiff offered the testimony of himself, his brother, Bobby W ilburn; his parents, Robert and Ruth Wilburn; and Sondra Brown, the record keeper for Med- One, where plaintiff originally received medical treatment. He also submitted the deposition of plaintiff's treating physician, Dr. Jim Brasfield, and the medical report of an examining physician, Dr. Calvin Johnson, along with other documentary exhibits. The defendant offered the testimony of Brian Looney, who had been plaintiff's supervisor at Aquamine; two co-workers of the plaintiff at Aquamine, Gerald Holmes and Paul Pyle; and Robert Rinehart, the manager of Aquamine at the time of these events, as well as documentary evidence. Parties disputed whether the date of the accident was September 25 or 29, 1993, but it was eventually stipulated that adequate notice was given. Plaintiff, Mr. Looney and Mr. Pyle were assembling a pallet rack, when the plaintiff's hand was squashed between the pallet rack and the wall. Plaintiff testified that he jerked his hand out, but Mr. Pyle and Mr. Looney both testified that Mr. Looney immediately pulled the rack back, releasing the plaintiff's hand. Plaintiff further testified that he began to feel pain in his shoulder within ten to fifteen minutes after the incident and that he complained to his co-workers about it. However, all of the defendant's witnesses testified that he did not mention any shoulder pain to them until approximately three weeks after the accident. Plaintiff continued to work very long hours until October 1, 1993, as the defendant was moving from its location in Bristol, Virginia to a new office in Bristol, Tennessee. The accident occurred during the move. 2