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Whitaker v. Lear Corp.2/9/2001
Mailed - October 13, 2000
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. The appellant-employer appealed the trial court's ruling awarding appellee- employee 60 percent permanent partial disability to each arm. Appellant argues the award of disability is excessive and should be reduced. Judgment of the trial court is affirmed.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed.
Thayer, Sp. J., delivered the opinion of the court, in which Anderson, C. J. and Byers, Sr. J., joined.
OPINION
The employer, Lear Corporation, has appealed the ruling of the trial court awarding the employee, John E. Whitaker, 60 percent permanent partial disability to each arm.
General Backround
The employee was 50 years of age at the time of the trial and had completed the 8th grade. While serving in the United States Army, he received his GED certificate. He is a long-term (26 years) employee of Lear Corporation and developed pain, numbness and tingling sensations in his hand and arms due to repetitive motions of his work duties which involved spray painting.
When his physical condition became acute, the employer referred him to Dr. John M. Ambrosia, the company physician, who treated him for a long period of time. Dr. Ambrosia performed five separate surgical procedures and returned him to work each time without any restrictions. Surgery was performed on each hand or arm because of a severe bilateral carpal tunnel syndrome diagnosis. Later when problems developed with the thumbs not being able to bend, surgery was performed on each thumb. A fifth procedure involved the left ring finger.
Employee Whitaker testified that the surgery on each hand or arm caused some improvement in his condition but that he still had problems as his hands became sore and ached near the end of a workday; he felt his condition was beginning to get worse; he cannot do any manual labor as he did in the past; he cannot grip anything well and drops objects when he attempts to hold something; he cannot tighten or loosen a bolt; his hands still swell and he cannot wear a wedding ring; and that he is currently operating two welding machines.
Before his employment with Lear Corporation, he was a cook in the army and after his discharge had employment as a general laborer.
Medical Evidence
All of the expert medical evidence was presented by deposition testimony.
Dr. John M. Ambrosia, an orthopedic surgeon specializing in hand surgery, was the only treating physician. He gave a 2 percent impairment due to the right carpal tunnel syndrome procedure but was of the opinion there would be no impairment as to the left carpal tunnel procedure. He later performed a trigger release on his right thumb and then on his left thumb. The same trigger release was also performed on the left ring finger. He opined there was no impairment from the thumb and finger procedures.
Dr. Gilbert L. Hyde, an orthopedic surgeon, did an independent medical examination on December 29, 1998 and was of the opinion the employee had a 20 percent impairment to each arm. He did not find any impairment because of the surgery to the thumbs and ring finger. However, he did recommend certain restrictions on his work activity relating to lifting, repetitive motions, etc.
Dr. William J. Gutch, a semi-retired orthopedic surgeon, also did an
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