Nellie Myrtle Farley v. Liberty Mutual Insurance
01S01-9509-CV-00147
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Bobby H. Capers
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 defendants below appeal the trial court's award of 75% permanent partial disability to each upper extremity. They challenge the amount of the award, its commutation to a lump sum, and the trial court's award of temporary total disability benefits from May 26, 1994 to December 1, 1994. We modify the trial court's award, finding that the evidence preponderates against an award of 75% permanent partial disability to each extremity and towards a finding of 45% permanent partial disability to each extremity. As modified, we affirm the judgment of the trial court. Plaintiff, 63 at the time of trial, has a sixth grade education. She worked for the defendant-employer for almost 26 years. In late October 1993, she was found to have bilateral carpal tunnel syndrome. She continued to work until January 3, 1994, when she took an early retirement. She testified at trial that she retired early because her arms were "messed up." Carpal tunnel releases were performed in February and May 1994. At trial, she testified that she reached maximum medical improvement in early December 1994. She has not applied for any job since her retirement. Dr. Abbey, an orthopedic surgeon, treated the plaintiff and testified, by deposition, on behalf of the defendant. He testified that the plaintiff did well post- operatively and that he assigned her a zero percent impairment rating. He also testified that after he assigned her this rating, the plaintiff had problems with swelling and discomfort and, between the two surgeries, she developed triggering in her left long finger. He opined that the plaintiff reached maximum medical improvement on May 23, 1994 for her carpal tunnel syndrome, although she probably had not reached that stage for her triggering finger. He assigned no permanent restrictions. Dr. Robert Paul Landsberg, another orthopedist, examined the plaintiff at the request of her attorney and testified, also by deposition, on her behalf. He

02A01-9502-CH-00031
02A01-9502-CH-00031
Trial Court Judge: Floyd Peete, Jr.

03C01-9410-CR-00391
03C01-9410-CR-00391
Trial Court Judge: Douglas A. Meyer

01C01-9507-CC-00214
01C01-9507-CC-00214

01C01-9411-CC-00374
01C01-9411-CC-00374
Trial Court Judge: Robert E. Burch

01C01-9502-CC-00046
01C01-9502-CC-00046
Trial Court Judge: W. Charles Lee

01C01-9502-CC-00046
01C01-9502-CC-00046
Trial Court Judge: W. Charles Lee

01C01-9505-CC-00153
01C01-9505-CC-00153
Trial Court Judge: W. Charles Lee

01A01-9507-CH-00285
01A01-9507-CH-00285
Trial Court Judge: Robert S. Brandt

01A01-9507-CH-00285
01A01-9507-CH-00285
Trial Court Judge: Robert S. Brandt

Honorable Hamilton v. Gayden, Jr., Judge
01A01-9509-CV-00420
Trial Court Judge: Hamilton V. Gayden, Jr.

01A01-9509-CV-00420
01A01-9509-CV-00420

01A01-9510-CV-00473
01A01-9510-CV-00473
Trial Court Judge: Barbara N. Haynes

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03A01-9511-CV-00419
03A01-9511-CV-00419

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03C01-9502-CR-00058
03C01-9502-CR-00058
Trial Court Judge: William R. Holt

03C01-9508-CR-00235
03C01-9508-CR-00235

03C01-9509-CC-00281
03C01-9509-CC-00281