Freda Pack v. Cigna Property & Casualty Co.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Because arthritis is not an occupational disease and is normally not caused by trauma but is part of the aging process and thus not within the ambit of the Workers' Compensation Law, this case is not without its difficulties as a matter of law. The plaintiff is 54 years old and at the time of trial had been employed by the defendant in a non-skilled position for 17 years. she has a litany of health problems not relevant to this case, which arises from a job-related accident on October 24, 1991 and a second job-related accident on October 5, 1993, involving injuries to her left knee. The first accident occurred when the plaintiff twisted her left knee in a misstep. She was treated by a panel physician who referred her to an orthopedic specialist, Dr. Bryan Smalley, who diagnosed an internal derangement of hr knee and performed a diagnostic arthroscopy on December 9, 1991. Because her rehabilitation was slow, the plaintiff was referred to Dr. William Hovis, who also performed an arthroscopy which diminished pain and soreness. She returned to work with limitations on climbing or kneeling. On July 9, 1993, Dr. Hovis opined that the plaintiff had a five percent disability to her left leg due to the aggravation of an arthritic condition. As stated, the plaintiff suffered another injury to her left leg on October 5, 1993 when she slipped while pushing a heavy buggy causing her to hyper- extend her left knee in a backward manner. For this injury she was treated by Dr. William K. Bell, an orthopedic surgeon in Maryville. He found that the 2