Louana Klopfenstein v. Windwood Health Rehab Ctr.,

This workers' compensation appeal has been referred to the SpecialWorkers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed JOHN K. BYERS, SR. J., in which WILLIAM M. BARKER J., and WILLIAM H. INMAN, SR. J., joined. David M. Sanders, Knoxville, Tennessee, for the appellants, Windwood Health Rehab Ctr., et al. Roger Ridenour, Knoxville, Tennessee, for the appellee, Louana Klopfenstein. MEMORANDUM OPINION Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Discussion The trial court found the plaintiff had suffered a seventy percent permanent partial disability to the right leg and held that Windwood Health Rehab Center was liable for compensation to the plaintiff. The defendant Windwood Health Rehab Center says the trial court erred in not finding the defendant Clinch River Home Health Inc. liable under the last injurious injury rule. We affirm the judgment of the trial court Facts On January 2, 1998, the plaintiff was working for the defendant Windwood when she fell in a shower while assisting a patient and suffered an injury to her right knee. Windwood did not contest the compensability of the injury. Windwood furnished medical care to the plaintiff. She was off from work for a "few weeks," returned to work for a "few weeks" without restriction and left the employment of Windwood after about "two weeks." The plaintiff went to work for the defendant Clinch River in March of 1998. The plaintiff testified that on February 12, 1999, she was giving a patient a bath in the patient's home which required that the patient be placed on a shower chair. According to the plaintiff she heard her knee pop and crack as she was performing this task. The plaintiff testified she went from the patient's home back to Clinch River and reported this incident to Linda Darland, a secretary/receptionist. The plaintiff testified she told Linda Darland that she was at work and her knee began to hurt and swell up. She testified Ms. Darland made a doctor appointment for her. She was treated by Dr. Malagan, who had treated her previously, until he referred her to Dr. Cletus J. McMahon, Jr., an orthopedic surgeon. Ms. Darland testified the plaintiff never told her that she had injured herself while working for Clinch River. She denied making an appointment for the plaintiff with a doctor. Ms. Darland testified the plaintiff would tell her that her knee hurt and that she believed it was caused by an accident at her previous employment. Ms. Darland said the plaintiff never told her she was hurt while working for Clinch River. Joyce Chattin, the director of nursing at Clinch River, testified the plaintiff came to her on February 12, 1999, and brought a note from a doctor that limited the plaintiff to lifting no more than thirty pounds. The plaintiff told Ms. Chattin not to worry that the cause of her problem happened at a place of previous employment. Pamela Sue Obenshain, executive director at Clinch River, testified she talked to the plaintiff after February 12, 1999, and that the plaintiff could not point to any specific incident while working for Clinch River which caused an injury to her right knee. The plaintiff told Ms. Obenshain she thought the work for Clinch River aggravated the previous injury. Medical Evidence Dr. Cletus J. McMahon, Jr. an orthopedic surgeon first saw the plaintiff on February 24, 1999, when she was referred to him by Dr. Malagon. After testing of the plaintiff's right knee, Dr. -2-