Jimmy Johnson v. WaUSAu Insurance Company

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. Jimmy Johnson ("plaintiff") has appealed the trial court's dismissal of his suit for workers' compensation benefits on the grounds that plaintiff failed to prove that he sustained an injury arising out of and in the course and scope of his employment by preponderance of the evidence. Plaintiff was employed by Gurien Finishing Corporation ("Gurien"), who was insured by defendant, Wausau Insurance Company. For the foregoing reasons, we find no error and affirm. Plaintiff was employed at Gurien as a washer operator as part of Gurien's manufacturing process of stonewashed jeans. Plaintiff alleges that on August 1, 1993, he injured his lower back while pulling open a washer door that had been jammed with a rock. He stated that he did not report the injury at the time of the accident because it felt more like a cramp. When he woke up in pain the following morning, plaintiff testified that he reported the accident to his shift manager, Cindy Long. He stated that he advised Long that he hurt himself jerking on a washer door. Plaintiff was treated by his personal physician, Dr. Philip Sherman, on August 16, 1993. He gave Dr. Sherman a history of hurting his back while pulling machines at work. Plaintiff complained to Dr. Sherman of low back pain with some pain radiating into his legs, with the pain being worse in his left leg than his right. Dr. Sherman diagnosed pl aintiff as suffering from lumbosacral strain and prescribed pain medication. In November 1993 plaintiff returned to Dr. Sherman with compl aints of 2