Johnny T. Brown v. State of Tennessee

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. In this case the Commissioner of Claims found that the claimant/appellee was entitled to total disability payments from August 9, 1994 through November 9, 1994, in the amount of $3,617.57. The Commissioner also found that the claimant sustained a permanent partial impairment of 5% to the body as a whole in the amount of $55,5. Further, the Commissioner found that the State was not liable for payment of any medical expenses incurred for the services of Jackson-Madison County General associated with the claimant's August 9, 1994 surgery or for any deposition fees or medical bills of Dr. George Copple, Dr. Ray Hester or Dr. Joseph P. Rowland. Attorney's fees in the amount of $11,733.51 (2%) were awarded to the claimant. Because the evidence preponderates in favor of the decision of the Claims Commissioner, we affirm. The State admits in November 1991 that the claimant, Johnny T. Brown, then a 4-year-old male, sustained a back injury while pushing a two-hundred pound tent out of the back of a truck, a duty within the scope of his employment as a maintenance supervisor at Paris Landing State Park. Mr. Brown is a high school graduate with extensive experience in construction, maintenance and electrical work. He also has experience in tobacco farming and in computer applications. When the injury occurred, the claimant did not go directly to the emergency room, but later saw his family physician Dr. Charles Tucker. Dr. Tucker ordered a CT scan and an MRI and, in his Attending Physician's Report of November 21, 1991, diagnosed the claimant with a "lumbar strain from lifting heavy objects." Dr. Tucker then referred the claimant to Dr. Robert Merriweather, a neurosurgeon. Dr. Merriweather treated the claimant conservatively with physical therapy and anti-inflammatory and pain medications. During the course of treatment, Dr. Merriweather conducted a physical examination and reviewed the MRI ordered by Dr. Tucker. In addition, Dr. Merriweather ordered a myelogram and post-myelogram CT 2