Greg Williams v. Suburban Manufacturing

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employee or claimant, Williams, insists the evidence preponderates against the trial court's denial of medical benefits and temporary total disability benefits. The employer, Suburban, insists the evidence preponderance against the trial court's finding that the employee suffered an injury by accident and that the claim should be disallowed because the employee failed to give notice of his claim as required by Tenn. Code Ann. section 5-6-21. As discussed below, the panel has concluded the judgment should be affirmed. The employee initiated this civil action seeking workers' compensation benefits for an injury which occurred when he slipped and fell on ice on his way to work at the employer's plant. The defendant, in its responsive pleading, admitted the employee gave "notification of an occurrence," but denied that the employee "gave proper notice" of an injury. After a trial on the merits, the trial court awarded permanent partial disability benefits, but denied any recovery for temporary total disability benefits and medical expenses for treatment not authorized by the employer. This panel has reviewed the case de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise, pursuant to Tenn. Code Ann. section 5-6-225(e)(2). On February 1, 1996, the claimant slipped on ice as he was entering the employer's plant to begin the day's work. He promptly informed his supervisor of the accident and said he did not know if he would be able to complete the shift or not. The employer did not make a written record of the occurrence or investigate it because the claimant did not request medical care. Four months later, the employer received written notice of the accident from the claimant's attorney. Without consulting the employer, the claimant sought treatment from a chiropractor, Jeffrey C. Hamilton. Dr. Hamilton opined that the February 1st accident caused a new injury superimposed on preexisting back problems, including degenerative disc disease. He referred the claimant to his family physician, who prescribed physical therapy. Dr. Richard B. Donaldson examined and evaluated the claimant. Dr. Donaldson diagnosed low back and knee sprains and chronic pain syndrome. 2