Freeman v. American Motorist

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordancewith Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. George Edward Freeman (employee), sustained an injury to his left eye while grinding metal at work, when a piece of metal penetrated his safety glasses and lodged in his cornea. The trial court awarded 7 percent permanent partial disability to the left eye, which the employer appeals as excessive. We affirm the judgment of the trial court. Employee had worked for Vinylex Corporation (employer), as a machine technician and maintenance fabricator for eleven years when he was involved in the above-described industrial accident on February 18, 1995. He was taken to an emergency room, where examination by Dr. Leslie Cunningham revealed a central corneal laceration, with inflammation, and a triangular metallic foreign body in his left eye. Dr. Cunningham surgically removed the foreign body, cleansed the wound and patched Mr. Freeman's eye. She advised the employee to leave the patch on the eye and to remain off work for six weeks. Mr. Freeman testified that he went back to work three days later owing to family financial responsibilities requiring him to earn his full salary. Dr. Cunningham assessed three to five percent permanent partial impairment to the left eye, but opined that if the employee works in bright sunlight or under bright lights or drives at night, then his medical impairment to the left eye would be 16 to 18%, and that he retains a permanent corneal scar. 2