Mark Anthony Parker v. National Surety Corporation

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 5-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case the first employer appeals the ruling of the trial court that the injury occurred during his term of employment with the first employer. The trial court found no second injury after April 1 and awarded benefits against the first employer. The second issue is raised by Appellant to the awarding of 4% to each arm. We affirm the findings of the trial court. The Plaintiff's carpal tunnel symptoms began in the right hand "at the beginning of the 9's." (T. at 24). The left hand became symptomatic "a year or so later." (T. P. 25). His symptoms became worse with time. (T.P. 25). "Q. . . .(t)hat you went to the doctor finally when it got so bad that you couldn't stand it. Is that correct? A. Yes, ma'am." (T. P. 39). "Q. . . .(t)hat was while you were working for the first employer? A. Yes, ma'am." (T. P. 39). The Plaintiff had a conversation with the second employer's representative a few days before the second employer became responsible and reported a work related injury while working for the first employer. (T. P. 4). The complaint here was filed alleging a February 1994 injury. The second employer took over on April 1, 1994. The employee further testified that, "Q Activities caused you to experience pain in your hands? 1