C. Douglas Gibson v. Morristown Drivers

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, C. Douglas Gibson, has appealed from the action of the trial court in dismissing his claim for permanent disability benefits. The sole issue on appeal is whether the evidence preponderates against the conclusion of the trial court. Plaintiff was 47 years of age and had completed the 9th grade. He was employed by defendant, William Gibson, as a truck driver. On August 9, 1995, he fell while descending from his truck. He testified he felt immediate pain in his low back and felt it resulted more from the twisting movement of his body rather than the impact with the ground. He reported the incident to his employer, saw a doctor shortly thereafter and was eventually seen by several doctors between the date of the accident and the trial during September 1997. Plaintiff's wife and daughter testified as to his physical limitations since the incident and the record indicates plaintiff never returned to work for defendant. Dr. Christopher R. Morris, a physician specializing in internal medicine and rheumatology, first saw plaintiff on October 24, 1995 and found some tenderness in his back muscles but thought he had a good range of motion. He saw him on several occasions and testified by deposition stating that all studies (x-ray and C.T. Scan) were normal. He felt his back pain was of a chronic nature and opined he had some permanent impairment but did not have an opinion as to any percentage of impairment. Dr. John M. Marshall, a physical medicine and rehabilitation doctor, first saw plaintiff on December 6, 1995 upon referral by Dr. Morris. He testified by deposition and stated there were no positive findings from his examination and the various studies performed. He was of the opinion he probably had a strain which would eventually clear up. He could not relate any of his symptoms to the incident at work and stated there was no permanent impairment. 2