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Patterson v. Premier Medical Group6/3/2002
n a suspension or denial of compensation benefits. Mazanec v. Aetna Ins. Co., 491 S.W.2d 616, 617 (Tenn. 1973). The issue here is whether the claimant's refusal to accept carpal tunnel release surgery was reasonable. In determining whether the refusal was reasonable, the trial court should consider the viewpoint of the claimant as well as the physician, for the determination depends upon (1) an objective appraisal of the gravity of the surgery, the risk involved, and the probability of success, and (2) an appraisal of the sincerity of the fears of the surgery expressed by the employee. Id. While there is medical evidence that the chance for successful surgical procedures is high in the claimant's case, the trial court was impressed with the claimant's sincere fear of the procedures, in light of his past experience. So were both physicians, who did not blame him for refusing surgery under the circumstances. From our independent examination of the record, we cannot say the evidence preponderates against the trial court's finding that Mr. Patterson's refusal was reasonable. The first issue is resolved in favor of the appellee.
The appellants next contend the trial court erred in admitting into evidence the opinion of a vocational expert who never met the claimant. No objection was made in the trial court and no authority is cited for the argument before this tribunal. The issue is resolved in favor of the appellee.
Finally, the claimant contends the trial court erred in awarding permanent total disability benefits for an injury to two scheduled members. The medical experts diagnosed bilateral carpal tunnel syndrome and right ulnar neuropathy at the wrist. Our independent examination of the record reveals no medical evidence of an injury to any body member except the two arms.
Compensable disabilities are divided into four separate classifications: (1) temporary total disability, (2) temporary partial disability, (3) permanent partial disability and (4) permanent total disability. Tenn. Code Ann. § 50-6-207. Each class of disability is separate and distinct and separately compensated for by different methods.
The weekly compensation rate for an injured employee's permanent partial disability is an amount equal to sixty-six and two-thirds percent of the employee's average weekly wage for the number of weeks established by a statutory schedule of the various members of the body. Tenn. Code Ann. § 50-6-207(3)(A)(ii). The scheduled members and number of weeks for which disability benefits are payable are as follows:
Thumb, 60 weeks; first, or index, finger, 35 weeks; second finger, 30 weeks; third finger, 20 weeks; fourth finger, 15 weeks.
The first phalange of a thumb or finger is considered equal to one-half of such thumb or finger, and disability benefits are payable accordingly, but if more than one phalange is lost, it is considered as the loss of the whole thumb or finger. If all or part of more than one finger on a hand is lost, benefits may not be payable for a greater period than that allowed for the loss of the hand.
Great toe, 30 weeks; any other toe, 10 weeks.
The first phalange of a toe is treated as one-half of such toe. More than one phalange of a toe is treated as the whole toe.
Hand, 150 weeks; arm, 200 weeks; foot, 125 weeks; leg, 200 weeks.
If an arm is amputated above the wrist joint, or a whole leg above the ankle joint, it is considered a loss of the whole arm or leg.
Eye, 100 weeks; hearing in both ears, 150 weeks; one eye and one leg, 350 weeks; one eye and one arm, 350 weeks; one eye and one hand, 325 weeks; one eye and one foot, 300 weeks; both arms,
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