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James v. Travelers Insurance Co.3/4/1999
AFFIRMED
OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and Conclusions of law.
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. § 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and Conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
The trial court awarded the plaintiff 55 percent vocational disability to the left leg.
The defendant raises the following issues:
I. Whether the evidence preponderates against the trial court's determination that plaintiff sustained vocational disability of 55% to the leg, where no medical restrictions were imposed on his activities, he was able to resume and sustain his pre-accident employment, and retained the ability to perform other pre-accident employments.
II. Whether the evidence preponderates against the trial court's determination that plaintiff sustained vocational disability in the amountof 55% to the leg, where its decision was based on findings of fact thatwere either improper to consider or not supported by a preponderanceof evidence.
We affirm the judgment.
The plaintiff, age 57 at the time of trial, graduated from high school and received vocational training as a hydraulic mechanic while serving in the U.S. Air Force. His employment history includes working as a roustabout, a truck crane oiler, a machine operator, a fork crane operator, and a tractor-trailer truck driver. In March 1975, he went to work for the predecessor of Titan Tire or Dico Tire, where he still works as a spray operator or green tire sprayer.
The plaintiff testified that on May 21, 1996 the sprayer he was using malfunctioned and began spraying paint on the floor. He explained that he continued to work until his feet got twisted around and he fell with his left leg beneath his body, injuring his knee. The defendant concedes that the plaintiff sustained a compensable work injury.
The plaintiff immediately reported this injury to his supervisor and he was taken to Dr. Cumberledge for treatment. Dr. Cumberledge referred him to Dr. Hovis, an orthopedic surgeon, for further evaluation and treatment. The plaintiff testified that when he returned to work in September 1996, after Dr. Hovis released him with temporary restrictions, he had a "rough" time because he had to do a lot of twisting, lifting, and pulling. He also testified that since his 1996 knee injury he does not have "good stability" and "babies" his left leg. In order to return to full-time, unrestricted duty, the plaintiff underwent and passed a physical examination. Since December 1996, he has performed his regular job duties and has earned at least as much money as he did before the injury.
Prior to the injury in this case, the plaintiff's medical history consisted of a car accident which caused him to have balance problems, bilateral carpal tunnel surgery, arthritis in both knees, and a 15-20 year old knee injury for which he once took pain medication on a regular basis. At the time of trial, he was taking an arthritis pill. The plaintiff testified that although he is slow
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