Gary Charles Hill v. Insurance Company of North America
03S01-9712-CH-00150
Authoring Judge: Roger E. Thayer, Special Judge
Trial Court Judge: Hon. Jeffrey F. Stewart,
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. The trial court awarded the employee, Gary Charles Hill, 1% permanent partial disability to the body as a whole. The insurance carrier, Insurance Company of North America, has appealed contending the evidence does not support a finding of permanent disability. Employee Hill was 41 years of age at the time of the incident in question and was a high school graduate. A great deal of his work experience has been as a painter but he has operated construction equipment and worked as a carpenter. He had been employed by Raytheon since 1994 and was doing industrial painting on about February 16, 1995. He testified he was operating a grinder under a large- like air compressor when he felt a pull in a muscle. When this pain occurred he was lying down in a somewhat twisted position and was working over his head. He reported the incident to his employer and was given a list of three physicians. He chose Dr. Lester F. Littell and saw him on March 2, 1995. Dr. Littell told him he had a pinched nerve and would probably need surgery. Hoping to avoid surgery, he went to see a private physician, Dr. Ernest Forsten. Dr. Forsten scheduled an M.R.I. examination and later referred him to Dr. Larry Gibson, a neurologist. Plaintiff continued to work with his complaints and was terminated from employment on August 22, 1995. His employer told him the termination was due to his "arrest record." At the trial he told the court the accident caused neck pain and numbness in some of his fingers and thumb. He said he felt his recovery was about 75% back to normal status but he was still having pain in the back of his shoulder and down his left arm. He said he could not return to industrial painting work but he had worked at small painting jobs such as painting bedrooms, porches, fences, etc. All of the expert medical testimony was presented by deposition. Dr. Larry Gibson testified plaintiff had damage or a pinching of his 6th and 7th nerve with subsequent weakness in the left triceps. He stated a nerve conduction study confirmed the diagnosis. Testing also revealed a bulging disc which was due 2

01C01-9209-CC-00290
01C01-9209-CC-00290
Trial Court Judge: William Charles Lee

01C01-9307-CR-00240
01C01-9307-CR-00240
Trial Court Judge: Ann Lacy Johns

01C01-9307-PB-00219
01C01-9307-PB-00219
Trial Court Judge: James R. Everett

01C01-9403-CR-00081
01C01-9403-CR-00081
Trial Court Judge: Seth W. Norman

01C01-9406-CC-00233
01C01-9406-CC-00233

01C01-9406-CR-00188
01C01-9406-CR-00188
Trial Court Judge: Ann Lacy Johns

01C01-9406-CR-00218
01C01-9406-CR-00218
Trial Court Judge: Thomas H. Shriver

01C01-9406-CR-00231
01C01-9406-CR-00231

01C01-9408-CR-00270
01C01-9408-CR-00270
Trial Court Judge: Seth W. Norman

01C01-9409-CC-00313
01C01-9409-CC-00313
Trial Court Judge: Leonard W. Martin

01C01-9409-CC-00317
01C01-9409-CC-00317

01C01-9409-CC-00327
01C01-9409-CC-00327
Trial Court Judge: W. Charles Lee

01C01-9410-CC-00350
01C01-9410-CC-00350
Trial Court Judge: W. Charles Lee

01C01-9411-CC-00387
01C01-9411-CC-00387

01C01-9412-CC-00406
01C01-9412-CC-00406
Trial Court Judge: Jim T. Hamilton

01C01-9412-CC-00426
01C01-9412-CC-00426
Trial Court Judge: James E. Walton

01C01-9501-CC-00008
01C01-9501-CC-00008
Trial Court Judge: J. O. Bond

01C01-9501-CC-00013
01C01-9501-CC-00013

01C01-9501-CC-00014
01C01-9501-CC-00014

01C01-9501-CR-00009
01C01-9501-CR-00009
Trial Court Judge: Seth W. Norman

01C01-9502-CC-00027
01C01-9502-CC-00027

01C01-9502-CC-00049
01C01-9502-CC-00049

01C01-9502-CR-00043
01C01-9502-CR-00043
Trial Court Judge: Ann Lacy Johns

01C01-9503-CC-00074
01C01-9503-CC-00074
Trial Court Judge: Buddy D. Perry