Pamela D. Smith v. Health Tech Affiliates, Inc.

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 filed suit on February 1, 1995 and alleged she had sustained an injury to her foot when a portion of a wall fell upon her as she was working for the defendant. On December 13, 1995, the plaintiff amended her complaint to allege she had suffered psychological injury as a result of the accident. On August 13, 1996, the trial judge entered a judgment dismissing the complaint. The pertinent portion of the judgment is as follows: After duly considering the testimony and the evidence and considering the credibility of the persons who testified, the court finds that the plaintiff failed to carry her burden of proof; that the alleged psychiatric or psychological injuries were not caused by the plaintiff's work accident; that the plaintiff is not entitled to any workers' compensation benefits for her alleged psychiatric or psychological injuries; that with regard to the injury to her foot or toe caused by the accident, the defendant paid all the plaintiff's medical expenses to which the plaintiff was entitled; that the plaintiff lost time from work from January 13, 1995 to March 13, 1995 as the result of the injury to her foot and she was paid temporary total disability benefits at the rate of $198.4 per week for this period of time; that the plaintiff was paid all the temporary total disability benefits to which she was entitled; and that the plaintiff is not entitled to any additional temporary total disability or other workers' compensation benefits as the result of the accident on January 12, 1995. The determination of the credibility of the witnesses who testified before the trial judge was solely within the judge's discretion. The finding of the credibility of the witnesses is not reweighed on appeal. State, ex rel. Balsinger v. Town of Madisonville, 435 S.W.2d 83 (Tenn. 1968). We note, however, that there were many inconsistencies in the record, both in oral testimony, in deposition testimony, and in other documents filed, showing the plaintiff had made different statements at different times concerning the accident. For example, she stated at one time a wall fell upon her and a patient leaving them covered in debris. At another time, she said a portion of the wall fell upon her. The evidence shows a piece of wood which was approximately 2 feet long and 6 inches wide fell and struck her toe. During the time the plaintiff was drawing temporary total disability, she took a job with another company. The plaintiff's deposition was taken on September 7, 1995, and she testified then that she had not worked anywhere since her accident. At trial, the plaintiff admitted working while she drew disability. The plaintiff testified she knew she could not work but that she needed the money. 2