Eddie Freeman v. Kimberly-Clark 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 of findings of fact and conclusions of law. The employer, Kimberly-Clark, appeals and contends that the evidence preponderates against the trial court's findings (1) in ordering the extension of temporary total disability benefits through July 1996, and (2) in ordering the defendant to pay the medical expenses and deposition costs resulting from Plaintiff's treatment by and the deposition of Dr. Berry. The panel concludes that the judgment should be modified in part and reversed in part. Edward Freeman ("Plaintiff") was employed by Kimberly-Clark ("Defendant") for some eight years as a maintenance insulator. While lifting a load of cardboard boxes during work hours he suffered an injury to his neck. His treating physician determined that Plaintiff had ruptured two discs in his neck which required surgery. Following surgery, due to undetermined causes, fusion plugs that had been inserted into Plaintiff's neck during the first surgery slipped out of place, causing him to have to undergo two additional surgeries to correct the problem. In order to prevent future slippage of the fusion plugs, Plaintiff was fitted with a halo traction device following his third surgery for immobilization of his head and neck. This device was secured by steel pins screwed through the scalp and into the outer surface of the skull. Following the third surgery in August of 1992, one of Plaintiff's treating physicians, Dr. Lindermuth, released Plaintiff into the care of the other treating physician, Dr. Meredith, who after treating Plaintiff for slightly over a year determined that he had reached maximum medical improvement as of September 7, 1993. During this same period of time Plaintiff was referred by his counsel to Dr. McAfee for pain management and evaluation. On October 15, 1993 Dr. McAfee produced a plan for Plaintiff to gradually taper off his therapy and medication over the course of approximately one month. Dr. McAfee testified that in his opinion Plaintiff had achieved maximum medical improvement at that time. He encouraged Plaintiff "to think positive toward going back to work by the end of December of 1993." Since 1989, Plaintiff had been under the care of Dr. Harris, a licensed psychiatrist. From that time through May of 1992, Dr. Harris treated Plaintiff for