Jerry Wayne Adams v. Jimmy Dean Foods, et al
02S01-9804-CH-00037
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. George R. Ellis, Chancellor
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. This is an appeal by the plaintiff's employer, Jimmy Dean Foods, and its insurance carrier, The Travelers Insurance Company, presenting the sole issue as to whether the preponderance of the evidence supports the trial court's award to the plaintiff, based on a finding of 5 percent permanent partial disability to both arms. After a careful review of the record, we conclude that the findings and judgment of the trial court must be affirmed. We first summarize the evidence. The plaintiff testified in open court. He stated that he was 37 years of age with a high school education. He attended Lane College for six months. The only other education he had was vocational training as an automobile mechanic while in high school. The plaintiff's history includes three years employment at Brown Shoe Company operating a machine in the manufacture of shoes. He worked for ten years at Kellwood Plant using a mechanical press to press coats. He then went to work for the defendant, Jimmy Dean Foods, as a "blocker," which is a worker who takes the shoulders and the blade out of a hog using both hands and arms. He was terminated in January of 1997 because he was frequently absent from work. The plaintiff testified that in 1996, he began having swelling, throbbing, and tingling in his hands and arms and felt like little pins were sticking in them. He reported his difficulty to his employer and was ultimately seen by Dr. William Bourland, an orthopedic surgeon. When the plaintiff went to Dr. Bourland, in addition to the difficulty he was having with his hands and arms, his long finger and ring finger on the left hand were locking. He testified that Dr. Bourland operated on his right wrist and "did something" to the two fingers on his left hand. After his surgery, he returned to work at Jimmy Dean, earning a wage equal to the wage he earned before the accident. Since being terminated from Jimmy Dean, plaintiff testified that he has worked at 2

James Michael Richardson v. A. O. Smith Company
02S01-9804-CH-00039
Authoring Judge: F. Lloyd Tatum, Special Judge
Trial Court Judge: Hon. George R. Ellis, Chancellor
This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case was tried on February 24, 1998. The chancellor found that there was no period of temporary total disability, but awarded the plaintiff fifteen percent (15%) permanent partial disability to the whole body as a result of a work-related accident in December 1988 or January 1989. Defendant, A. O. Smith Company, has appealed the chancellor's decision as not supported by a preponderance of the evidence. After careful review, we find that the judgment of the trial court must be reversed. At the time of trial, the Plaintiff, James Michael Richardson, testified that he was a 5-year-old man with a high school education and vocational training as an industrial electrician. His post-high school employment experience involved mostly electrical work. He was subsequently employed by the defendant as an electrical, mechanical maintenance man and was working as an appraiser for an insurance adjusting company at the time of trial. He recounted the events surrounding his back injury as follows. In late December of 1988 or early January of 1989, the plaintiff felt "a hurting" in his lower back while helping another employee lift a 25-horsepower electric motor onto a stand. He reported the injury to his supervisor immediately. Believing that the injury was a minor strain, the plaintiff sought two or three treatments from a chiropractor, but his symptoms worsened. He was ultimately seen by Dr. Jerry Engelberg, a neurosurgeon. After an MRI was performed, Dr. Engelberg told the plaintiff that he had a tumor, an ependymoma, in his spine that had caused some spinal damage. According to the plaintiff's testimony, Dr. Engelberg told him he needed immediate surgery, because there was a risk that he might never walk again if he were to stumble or miss a step. After surgery was performed, the plaintiff received radiation and chemotherapy treatments under the supervision of an oncologist, Dr. Kirby Smith. At the time of the trial, the plaintiff still had complaints of low back cramps, difficulty 2

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