Sharon Gail Jones v. Modine Manufacturing Company and Sentry Insurance Company

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 appeal has been perfected by defendants, Modine Manufacturing Company and Sentry Insurance Company, from a decision of the trial court awarding plaintiff, Sharon Gail Jones, 45% permanent partial disability to her right arm. Two issues are being raised by the employer and insurance company. First, it is argued the award is excessive. Second, it is insisted the trial court was in error in holding defendants liable for charges and expenses of Dr. Paul T. Naylor, an orthopedic surgeon. Plaintiff is 42 years of age and a high school graduate. During September 1995 she began to have problems with her hand and arm tingling and being painful. She reported the problem to her employer and was sent to see Dr. R. Alan Rice, a family practitioner. Dr. Rice eventually referred her to Dr. Joseph C. DeFiore, an orthopedic surgeon. Dr. DeFiore saw her three times. One visit was during November 1995 and the other two visits were during December of the same year. Plaintiff testified that all he did was to give her a cortisone shot and advised her to return to light duty work. She returned to work but still had the same problems. At her last visit, she said he advised her to change jobs and released her. The doctor testified she had a carpal tunnel syndrome injury and was of the opinion she had no medical impairment. He admitted releasing her and recommending that she should not do repetitive work as she had performed in the past. Plaintiff testified she was laid-off about January 1996 and was never called back to work. During this month, counsel filed a motion requesting her employer to designate a panel of three orthopedic surgeons for treatment. Plaintiff continued to have problems with her injury while off from work and sought treatment from Dr. Paul T. Naylor, another orthopedic surgeon. Dr. Naylor saw her three times also: April 18, 1996, September 19, 1996 and October 14, 1996. He also found she was suffering from a carpal tunnel syndrome injury and told plaintiff that surgery was necessary to relieve some of her problems. The doctor was 2