Hon. Frank v. Williams,

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 employee, Benjamin K. Reed, has appealed from a ruling of the trial court dismissing his claim for benefits as a result of an accident while working for defendant, Mueller Company. The trial court found the employee had failed to establish that his back injury was caused by the accident at work on July 26, 1994. Since the case was dismissed, there was no ruling on the employer's defenses of lack of proper notice and the expiration of the one year statute of limitations. Employee Reed was 44 years of age at the time of the trial and had completed the 12th grade. He had some trade school education and was employed by defendant as an industrial maintenance technician. On the day in question, he was carrying a "hulk gun" when he stepped on a metal grate and received an electrical shock. He stated it threw him into a beam causing an injury to his back. A co-worker, Dennis Disney, was nearby and saw the accident. Plaintiff testified he notified his supervisor about the accident and also discussed it with the company nurse. He continued to work and later saw Dr. Celeste Long; he did not improve and went to see his family doctor, David C. Conner; Dr. Conner eventually referred him to Dr. Paul A. Blackstone; he remained off work from sometime in January 1995 to March 1995; Dr. Blackstone diagnosed his problem as a ruptured disc; he did not improve and ceased working during September 1995. Plaintiff has seen numerous doctors during 1994-1996. Surgery was performed on October 14, 1995 by Dr. Scott D. Hodges to remove the ruptured portion of the disc. He did not get much relief from this surgical procedure and was operated on again by Dr. Blackstone on May 3, 1996 to remove the whole disc. At the trial below, he stated he was still having a lot of pain. During his examination, he admitted he was drawing company related disability benefits while he was off from work. He admitted that he had never requested his employer to furnish him a doctor and that the first time his employer was aware he was insisting his claim was work- related was when the suit was instituted on January 24, 1996. He also stated he had 2