Nellie Myrtle Farley v. Liberty Mutual Insurance 01S01-9509-CV-00147
Authoring Judge: Senior Judge John K. Byers
Trial Court Judge: Hon. Bobby Capers,
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 defendants below appeal the trial court's award of 75% permanent partial disability to each upper extremity. They challenge the amount of the award, its commutation to a lump sum, and the trial court's award of temporary total disability benefits from May 26, 1994 to December 1, 1994. We modify the trial court's award, finding that the evidence preponderates against an award of 75% permanent partial disability to each extremity and towards a finding of 45% permanent partial disability to each extremity. As modified, we affirm the judgment of the trial court. Plaintiff, 63 at the time of trial, has a sixth grade education. She worked for the defendant-employer for almost 26 years. In late October 1993, she was found to have bilateral carpal tunnel syndrome. She continued to work until January 3, 1994, when she took an early retirement. She testified at trial that she retired early because her arms were "messed up." Carpal tunnel releases were performed in February and May 1994. At trial, she testified that she reached maximum medical improvement in early December 1994. She has not applied for any job since her retirement. Dr. Abbey, an orthopedic surgeon, treated the plaintiff and testified, by deposition, on behalf of the defendant. He testified that the plaintiff did well post- operatively and that he assigned her a zero percent impairment rating. He also testified that after he assigned her this rating, the plaintiff had problems with swelling and discomfort and, between the two surgeries, she developed triggering in her left long finger. He opined that the plaintiff reached maximum medical improvement on May 23, 1994 for her carpal tunnel syndrome, although she probably had not reached that stage for her triggering finger. He assigned no permanent restrictions. Dr. Robert Paul Landsberg, another orthopedist, examined the plaintiff at the request of her attorney and testified, also by deposition, on her behalf. He
Trousdale
Workers Compensation Panel
Carol Victoria (Vicky) Pitner v. Vanderbilt Child and Adolescent Psychiatric Hospital, Employer, and Fidelity and Casualty Insurance Company of New York 01S01-9507-CH-00114
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Robert S. Brandt,
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. Plaintiff injured her right arm, shoulder and neck at work on September 26, 1988. The trial court awarded 24 percent permanent partial disability to the body as a whole. Further, the trial court ordered a credit to the employer for temporary total disability benefits paid after May 5, 1992, the date the court found as plaintiff's date of maximum medical improvement. We affirm the judgment of the trial court. Plaintiff is 38 years old with a college degree. While working as a recreation specialist at Vanderbilt Child and Adolescent Psychiatric Hospital, she was injured as she attempted to catch a falling patient. She was treated in the Emergency Room for acute thoracic strain but continued to have pain. Further evaluation led to surgical removal of torn cartilage and the distal clavicle on August 2, 199 by Dr. J. Willis Oglesby. She did not improve, and subsequently began seeing Dr. John Campa, a neurologist, on July 1, 1991. Dr. Campa treated plaintiff with nerve blocks, injections, physiotherapy, biofeedback and anti-depressant medications. He diagnosed C5-6 subligamentous disk protrusion with secondary radiculopathy and C6-7 degenerative disk disease with secondary radiculopathy. He opined she requires further rehabilitation, including future surgery, to improve functioning and permit light to medium work. On July 21, 1993, when plaintiff advised she did not choose to have the recommended surgery, Dr. Campa opined that therefore she had reached maximum medical improvement, and assessed 24 percent medical impairment to the body as a whole under AMA Guidelines. During the period when plaintiff was being treated by Dr. Campa, she was sent back to Dr. Oglesby, the surgeon, for an independent medical examination on May 5, 1992. Dr. Oglesby opined she had reached maximum medical improvement as of that date. He assessed 1 percent permanent partial disability to her right upper extremity using the guidelines of the American Academy of Orthopedic Surgeons. He limited her 2
Davidson
Workers Compensation Panel
Carol Victoria (Vicky) Pitner v. Vanderbilt Child and Adolescent Psychiatric Hospital, Employer, and Fidelity and Casualty Insurance Company of New York 01S01-9507-CH-00114
Authoring Judge: Per Curiam
Trial Court Judge: Hon. Robert S. Brandt,
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. Plaintiff injured her right arm, shoulder and neck at work on September 26, 1988. The trial court awarded 24 percent permanent partial disability to the body as a whole. Further, the trial court ordered a credit to the employer for temporary total disability benefits paid after May 5, 1992, the date the court found as plaintiff's date of maximum medical improvement. We affirm the judgment of the trial court. Plaintiff is 38 years old with a college degree. While working as a recreation specialist at Vanderbilt Child and Adolescent Psychiatric Hospital, she was injured as she attempted to catch a falling patient. She was treated in the Emergency Room for acute thoracic strain but continued to have pain. Further evaluation led to surgical removal of torn cartilage and the distal clavicle on August 2, 199 by Dr. J. Willis Oglesby. She did not improve, and subsequently began seeing Dr. John Campa, a neurologist, on July 1, 1991. Dr. Campa treated plaintiff with nerve blocks, injections, physiotherapy, biofeedback and anti-depressant medications. He diagnosed C5-6 subligamentous disk protrusion with secondary radiculopathy and C6-7 degenerative disk disease with secondary radiculopathy. He opined she requires further rehabilitation, including future surgery, to improve functioning and permit light to medium work. On July 21, 1993, when plaintiff advised she did not choose to have the recommended surgery, Dr. Campa opined that therefore she had reached maximum medical improvement, and assessed 24 percent medical impairment to the body as a whole under AMA Guidelines. During the period when plaintiff was being treated by Dr. Campa, she was sent back to Dr. Oglesby, the surgeon, for an independent medical examination on May 5, 1992. Dr. Oglesby opined she had reached maximum medical improvement as of that date. He assessed 1 percent permanent partial disability to her right upper extremity using the guidelines of the American Academy of Orthopedic Surgeons. He limited her 2
