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Rose v. Emerson Motor Company9/20/2000
Mailed May 17, 2000
This is an appeal by the defendant/employer. The only issue presented is whether the evidence preponderates against the trial court's award of 35% permanent partial disability to each of the plaintiff's arms. We find it does not and affirm the judgment of the trial court.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed.
Stafford, Sp. J., delivered the opinion of the court, in which Holder, J., joined and Tatum, Sr. J., filed a dissenting opinion.
MEMORANDUM OPINION
This worker's 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) 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, 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 worker's compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given to the trial judge, who has seen and heard witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991).
I. Facts
The plaintiff is a thirty-two-year-old female. She is a high school graduate who attended beauty school and Jackson State Community College for one and one-half years each. She is a certified nursing assistant and has additionally worked in a factory and as a fast food employee.
The plaintiff began her employment with the defendant in April 1994 as a "brush" person. This job required her to place parts in a machine and brush them with sandpaper. In June 1997, the plaintiff began a new job which she described as being more hand intensive. Her hands subsequently began to go numb and tingle. After reporting this to the plant nurse, she was seen by Dr. Woodall approximately seven times and then by Dr. Hugh Glenn Barnett.
Two nerve conduction studies were performed on the plaintiff which revealed that she was suffering from carpal tunnel syndrome. She received injections in her wrists, was prescribed medication and also wore braces. None of this treatment was successful. She was subsequently placed on lighter duty but continued to experience pain.
On January 9, 1998, Dr. Barnett performed surgery on the plaintiff's left hand. On June 18, 1998, he performed surgery on the plaintiff's right hand. On July 10, 1998, Dr. Barnett released the plaintiff to return to work. He did not place any restrictions on her other than to state that "if it hurt to try not to do it."
The plaintiff returned to the same job that she held before her surgery. At the time of trial, she testified that she was working eight hours a day, six days a week. She has not bid for another job because she currently works days and does not want to lose her shift.
At trial, the plaintiff testified that she continues to have problems with both hands with her right hand being worse than her left hand. Her right thumb aches and her fingers tingle and go numb. Her left thumb is also sore and the fingers on her left hand tingle and go numb as well. She testified that her strength and gripping ability
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