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Meyers v. Continental Casualty Co.8/11/2000
Mailed - July 6. 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant-employer appealed the trial court's ruling finding the appellee-employee was entitled to an award of permanent disability benefits at 60 percent to the left hand. On appeal, appellant argues the award should have been confined to a scheduled member, the left thumb. The employee insists the appeal is frivolous. Judgment of the trial court is affirmed as the injury to the left thumb causes an unusual and extraordinary condition affecting the hand. The appeal is not found to be frivolous.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed.
THAYER, Sp. J., delivered the opinion of the court, in which ANDERSON, C. J., and BYERS, Sr. J., joined.
OPINION
Facts
In this case the employee, James Meyers, sustained a compensable work-related injury on February 6, 1996, while working for his employer, M & M Mars, Incorporated. He described the event as getting his left hand caught in a belt and pulley of a machine which resulted in ripping off a part of his left thumb.
He was seen by an orthopedic surgeon at a hospital emergency room and soon returned to work although he could not perform his duties immediately. After healing, his thumb was extremely sensitive to contact and he was authorized to see another orthopedic for a second opinion. The second doctor performed a surgical procedure on September 12, 1996. Plaintiff exhibited his thumb to the trial court and the court noted there was a scar which ran from the base of his thumb on one side to the base of the thumb on the other side in the shape of a U. He testified he was left-handed and that he had difficulty when working and holding and using small hand tools such as hammers, pliers, screwdrivers, etc. and that while the feeling in his thumb was some better, it still felt abnormal most of the time.
Issues on Appeal
The trial court fixed the permanent partial disability of 60 percent to the left hand. The insurance carrier, Continental Casualty Company, has appealed and argues the award of disability should have been limited to the thumb. The employee insists the appeal is frivolous.
Expert Medical Evidence
Dr. Cauley W. Hayes, a hand surgeon, testified by deposition and stated the thumb had healed from the "magling injury" but it was very uncomfortable on contact with anything; that he performed a procedure known as a vascularized flap of soft tissue from the bottom of the thumb and attempted to improve the sensory condition; and that he gave a 24 percent impairment to the hand as a result of the 62 percent loss of the thumb. Dr. Cauley felt the impairment rating had to be to the hand because the thumb affects the other digits functionally whereas the loss of a finger would be confined to that digit only.
Dr. Robert Haralson, an orthopedic surgeon, also testified by deposition. He had never seen or examined plaintiff but had reviewed all of the medical records including Dr. Hayes' deposition. He was of the opinion that the impairment rating should be confined to the thumb and fixed it at 27 percent. He did state that without the thumb, the hand can only do certain grasping and pulling actions so that the thumb was extremely important to the hand.
Analysis
Tennessee Code Annotated § 50-6-207 provides a schedule of compensati
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