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Smith v. QHG of Dothan6/27/2003
Nancy G. Smith appeals from the trial court's judgment finding her 50% permanently partially disabled as a result of an injury she suffered while employed with QHG of Dothan, Inc., a corporation, d/b/a Home Health Services ("QHG"). The trial court also determined that mileage reimbursement was not to be included in the computation of the "average weekly wages" to be used in calculating Smith's disability benefits under ยง 25-5-57, Ala. Code 1975.
The trial court held an ore tenus hearing on October 31, 2001, at which Smith and the following individuals testified: Marlene Harrell, a company representative for QHG; Myrtice Carr, a vocational expert retained by Smith; and Eric Anderson, a vocational expert retained by QHG. Written reports from both of the vocational experts were admitted into evidence. The trial court also considered the following additional evidence: the deposition testimony of Smith (dated April 1999); the deposition testimony of Dr. J. Paul Maddox, an orthopedic surgeon (dated August 2001); relevant medical and payroll records; an affidavit of Alethia E. Keahey, director of fiscal services for QHG; and a Social Security Administration disability decision in favor of Smith.
At the time of the trial, Smith was 42 years old. In addition to having graduated from high school, Smith had completed three quarters of general curriculum at a community college. Smith earned primarily A's and B's in high school; she earned A's and B's at the community college as well.
Smith, a certified nursing assistant ("CNA"), began working for QHG as an in-home patient-care provider in March 1996. Smith's job duties included taking patients' vital signs, bathing them, moving them around, and changing their clothes. Smith used her own vehicle to travel to the patients' homes, and QHG reimbursed her biweekly for her reported mileage by paying her a standard per-mile rate. On September 3, 1997, Smith suffered an on-the-job injury to her lower back while attempting to assist a patient out of a wheelchair. Thereafter, Smith was diagnosed with a bulging disc and underwent conservative treatment. Smith resigned from her job in November 1997, explaining that, because of her level of pain, she was unable to perform her job duties. After conservative treatment failed to relieve Smith's pain, she was referred to Dr. J. Paul Maddox, an orthopedic surgeon. Thereafter, Smith underwent two surgical procedures: (1) an "L5-S1 laminotomy, bilateral disc excision, posterior lumbar inner body fusion, and right autogenous iliac crest bone graft" (on August 6, 1998); and (2) an "L5-S1 intertransferous transfusion bilaterally with screw and rod fixation and bilateral iliac crest harvest" (on April 20, 2000). Dr. Maddox explained that the first surgery, a one-level fusion at L5-S1, was unsuccessful resulting in a "nonunion or an unhealed fusion"; the second surgery was successful. In August 2000, Dr. Maddox, ordered a functional capacity evaluation ("FCE") to determine Smith's physical limitations. On August 17, 2000, Daniel R. Peters, a physical therapist, conducted the FCE. According to the FCE, Smith demonstrated an ability to work in a sedentary to light-physical functional capacity with the following restrictions: "no squatting, kneeling, running. Stand/walk FREQ but not CONSTANT."
Dr. Maddox concurred with the FCE, finding it to be representative of Smith's work abilities. Dr. Maddox determined that Smith had reached maximum medical improvement on August 17, 2000, and assigned Smith a 12% impairment rating to the body of as whole. Dr. Maddox released Smith to return to work within the limitations of the FCE. Dr. Maddox recognized that, because of lifting limitations, Smith would not be able t
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