Michael Paul Watson v. Plumley Rubber Co., Inc., Itt Hartford Ins. Grp.

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 defendant, Plumley Rubber Company, Inc., and its workers' compensation insurance carrier, ITT Hartford Insurance Company, have appealed from a judgment of the trial court awarding plaintiff workers' compensation on the basis of twenty- five percent permanent partial vocational disability to both arms. On this appeal, the defendants present three issues: (1) whether the plaintiff sustained a compensable injury; (2) whether the trial court erred in ordering the employer to pay for unauthorized medical expenses when the plaintiff refused a panel of physicians offered him; and (3) whether the trial court's award is excessive. After a careful review of the record, we find that we must affirm the judgment of the trial court. The plaintiff testified that he was born August 2, 1955 and was the father of two minor children living at home. He had a high school education and, through Army training, was qualified as a biomedical repairman and in aircraft maintenance. He worked in maintenance for Plumley on two occasions: from 1987 to 199 and then from 1993 to June 12, 1996. He testif ied that, while working for Plumley, he did various types of work. He changed molds, as well as working on machines and setting up machines. He worked with lasers and robots. He testified that he worked "ten, twelve, sixteen hours" each day. He testified that he used wrenches constantly, loosened and tightened bolts. He tightened small bolts and large bolts, and much of this work was strenuous. He testified that he had no difficulty with his hands before he went to work for Plumley in 1993. Around June 15, 1995, while breaking a bolt loose, he felt his right wrist "give." The plaintiff testified that he reported this incident to his supervisor, and the supervisor sent him to Dr. Terry O. Harrison, a panel doctor for the defendant. Dr. Harrison diagnosed the plaintiff's condition as carpal tunnel syndrome and told him to use his left hand to perform his job. The plaintiff testified that he complied with Dr. Harrison's 2