Joseph Sims v. Millennium Packaging Solutions, LLC

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee fell and struck his head in March of 2000 in the course and scope of his employment, resulting in a complex scalp laceration, post-concussion syndrome and dysfunction of the trigeminal nerve. He filed this workers’ compensation action in February of 2001, seeking temporary total disability and permanent disability benefits and medical expenses. After many delays the case was heard in September of 2011. The employee’s medical expert testified that he had a 21% permanent impairment and was temporarily disabled until 2009. The employer’s expert testified that he had a 5% impairment, had reached maximum medical improvement and was able to work at the time of his examination in 2007. The trial court awarded temporary total disability benefits from 2000 to 2007, a total of 369.98 weeks, and awarded 60% permanent partial disability, a total of 240 weeks, for a grand total of 609.98 weeks. The employer has appealed, contending that the court erred in awarding more than a total of 400 weeks, in awarding temporary total disability benefits without proper medical proof of inability to work and in awarding 60% permanent partial disability without defining the specific anatomical impairment rating. We reverse the judgment in part and affirm in part.