St. Paul Fire & Marine Insurance Company and Lineal Group, Inc. v. Cecil Carrick

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 trial court awarded Defendant/Counter-Plaintiff 85% permanent partial disability to the left lower extremity. Plaintiff/Counter-Defendant below appeals, arguing that the trial court erred in finding that the employee's testimonywas credible; that the employee failed to prove that he sustained a permanent injury which arose out of and in the course of his employment; that the employee failed to give proper notice of his injury; that the evidence does not support an award of 85% to the lower extremity; and that the medical treatment awarded by the trialcourt was unauthorized and should not have been allowed. We affirm the judgment of the trial court. Defendant/Counter-Plaintiff worked at Samsonite for 3 years. Defendant/Counter-Plaintiff's other work experience includes growing tobacco and peppers, raising cattle, and performing various odd jobs. Defendant/Counter- Plaintiff has a high school education and some training in electronics. Defendant/Counter-Plaintiff's duties at Samsonite included counting and transferring chairs from one line to another. This involved shifting his weight from one leg to the other. It also involved spending long periods of time on his feet while working on a concrete floor. Because Defendant/Counter-Plaintiff suffered several strokes since the time of the injury and was unable to remember many of the specific facts surrounding his injury so as to be unavailable, the trial court relied on Defendant/Counter- Plaintiff's deposition testimony. Defendant/Counter-Plaintiff was 55 years old on the date that he gave his deposition testimony. Defendant/Counter-Plaintiff testified that he suffered from pain in his left knee. For four or five months prior tothe injury complained of, Defendant/Counter- Plaintiff's leg would swell from hip down to ankle. Defendant/Counter-Plaintiff told his foreman about the problems with his legs