Special Judge Hamilton v. Gayden, Jr.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court inaccordance with Tenn. Code Ann. 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Lear Seating Corporation, contends that the trial court erred in awarding the employee, Janet L. Brooks, workers' compensation benefits based upon the court's finding that she suffered from "reflex sympathetic dystrophy or some psychiatric symptoms." The employer contends further that the trial court erred in determining the period of time in which the employee was eligible to for temporary total disability benefits. Finally, the employer challenges as excessive the trial court's award of permanent partial disability benefits based on a vocational disability rating of 85% to the body as a whole. We affirm the judgment of the trial court in all respects. At the time of the trial, the employee was forty-one (41) years old. She completed high school and attended one year of business college. Her work history includes jobs as a retail cashier and assembly line worker. The employee performed various functions for the employer from the time she began her employment there in November of 1985. When the employee was injured, she was operating a hand press which had overhead control buttons. On February 18, 1994, a 3-pound piece of steel fell off of the press bench and struck her left foot causing a crushing injury. She immediately saw the company nurse who referred her to the emergency room. At the emergency room, the employee was placed in a walking shoe and referred to an orthopedist. The employee was first treated by Dr. William Hovis, an orthopedic surgeon, on February 21, 1994. Dr. Hovis examined her and took x-rays of her left foot. He diagnosed her to have contusion of the left foot. On a return visit on March 14, 1994, in addition to the bruising and swelling, the employee also complained of knee pain which intensified when she sat for a long time. On examination, Dr. Hovis determined that the employee's knee was normal and that the contusion in her foot was resolving. Dr. Hovis opined that the employee would not have any permanent impairment or work restrictions as a result of her injury. Dr. Hovis saw the employee again on April 25, 1996 at the request of the employer for the 2