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Martin v. Catholic Mutual Group2/5/2001
Mailed - January 4, 2001
This Workers' Compensation appeal has been referred to the Special Worker's 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 trial court awarded to the employee a forty (40%) percent vocational disability to each arm for the work related injury of bilateral carpel tunnel syndrome. No award of vocational disability was made to the claimant for bilateral epicondylitis and the trial court found evidence was insufficient to award future medical for epicondylitis. We affirm the findings of the trial court.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is affirmed.
TOM E. GRAY, SP. J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, J and JOHN K. BYERS, SR. J., joined.
MEMORANDUM OPINION
Claimant, Mary Martin, was forty-five (45) years of age on the date of the trial. She graduated from high school in Memphis, Tennessee and then earned a Bachelor of Science Degree with a major in elementary education from Austin Peay State University, Clarksville, Tennessee in 1976. She was granted a certificate from the State of Tennessee to teach in elementary grades.
Upon graduation, Ms. Martin as an employee of the Montgomery County, Tennessee Board of Education taught first grade. She decided that she was not well suited for teaching. Teaching in the elementary school was stressful, made her anxious and tried her patience. She was not a good disciplinarian. Ms. Martin concluded that it was not fair to the children for her to try to continue teaching and after a year and a half, she resigned.
For several months Ms. Martin did not work outside the home and then she accepted a job at a daycare center. When she and her husband learned they could not have children, she quit the job at the daycare center and later claimant accepted a job as Director of Patchwork Primer Preschool, a small private school. This job was for half a day five days per week and required teaching four-year old preschool, making out payroll, paying bills, advertising and interviewing and hiring teachers. When the owners closed the preschool, Ms. Martin went to work part-time for Immaculate Conception Church's Pre-School teaching four-year olds three days a week from 8:00 a.m. to noon. While teaching in the preschool, she was offered a part-time receptionist job at Immaculate Conception Church. She taught school in the morning and worked as a receptionist in the afternoon. In the summer of 1983 she began full- time work as a receptionist.
While working for the church, Ms. Martin began to take computer classes to help in her job. She took several word perfect classes and an Internet class, and she went to Phoenix, Arizona on two occasions to take classes to learn Parish Data Systems Software.
The job as receptionist expanded and by 1993-1994 she was a full- time secretary. Her job included posting contributions every week for 350 to 400 contributions, keeping up with the census membership for the entire parish and typing the bulletin.
As the years went by more and more was added to the job of Ms. Martin. She was given the responsibility of facility scheduling as well as ceremony scheduling, such as baptisms, confirmations, and marriages. She also coordinated volunteers that worked in the office. By her estimate she was using her computer keyboard at least eighty (80%) percent of the day.
In October, 1989 Dr. R. W. Hudson, M. D. referred Mary Martin to Dr. Steve Salyers, M. D. a board certi
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