Deborah Jean Barne v. Emerson Electric Company

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Our scope of review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-22 5(e)(2). The employer contends the trial court erred in: 1. Awarding permanent partial disability benefits based on 8% to the left hand; and 2. Aw ardi ng th e cos t of o btain ing D r. Ro bert J. Ba rnet t's depos ition as a recove rable dis cretiona ry cost. We affirm the trial court as to both issues. Deborah Jean Barner ("Barner") is 41 years of age and a high school graduate. Other than attending college for one quarter, she has no additional educational experience , specialized training or vocational training. H er work history consists entirely of factory work. Prior to employment at Emerson, Barner performed assem bly work in a plastics factory a nd worked in fa ctories where clothing was co nstructe d and s hoes w ere ma nufactu red. On October 18, 1993, Barner injured her non-dominant left hand arising out of the course and scope of her employment. From a list of three doctors given to her by the employer, she chose Dr. Harrison, whose billing reflects that he treated her on four occasions over a four month period. Dr. Harrison referred her to Dr. Stonecipher, an o rthopedic surgeon. B arner became d issatisfied with Dr. Stonecipher's treatment and continued to have difficulty performing her job duties withou t swellin g and c onstan t pain. Barner was then referred by her attorney to Dr. David Gaw, who referred her to Dr. Charles Emerson, another orthopedic surgeon. Dr. Emerson's records, 2