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Jackson Manufacturing Company v. Lambert3/2/2000
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 plaintiffs, Jackson Manufacturing Company and Liberty Mutual Insurance Company, contend the trial court was incorrect in awarding the defendant, Marie Lambert, 40% permanent partial disability to the body as a whole instead of a lesser amount to a scheduled member on the basis that the disability associated with the shoulder and neck area was not caused by the accident at work.
We disagree with the plaintiffs and affirm the judgment of the trial court.
The defendant Lambert was born March 15, 1940. She failed to complete the ninth grade and has had no other formal education or vocational training. She went to work when she was seventeen. Her work history consists primarily of operating sewing machines in chair factories. Prior to April 21, 1995, the defendant had never experienced any pain in her shoulder or neck area.
On April 21, 1995, while in the employ of Jackson Manufacturing Company, she was pulling and feeding material into an industrial computer-operated sewing machine when she injured her left ring finger at the knuckle which joins the hand. In order to pull the material she had to pull very hard with her whole arm. She described the incident as follows: ". . . as I got to the end of it (a 20 inch piece of material) my hand came off and that's when whatever popped hurt, hit - -and I hit myself so hard, you know, and my arm went backwards." She was promptly sent to Dr. Chalmer Chastain, Jr., who examined her and recommended she be referred to an orthopedic specialist or hand specialist.
She returned to her place of employment and was referred that same day by her employer to Dr. Cauley Hayes, a specialist in hand surgery. Dr. Hayes treated her hand and on May 11, 1995, performed surgery on her left ring finger metacarpophalangeal joint.
Dr. Hayes returned her to work three months after the accident and she was placed on light duty carrying cushions, which was too much for her condition. Thereafter she cleaned tables and bathrooms. Subsequently she was terminated for missing work and has not worked since then. While under Dr. Hayes' care the defendant and her boyfriend testified she complained at each visit to Dr. Hayes of problems with her arm, shoulder and neck. Dr. Hayes' medical records dated November 7, 1995, show her first complaint of heaviness in the arm. On that occasion the x-rays showed an abnormal cervical spine, and Dr. Hayes referred her to Dr. Adele Ackell, a neurologist.
Dr. Hayes felt the defendant had sustained permanent impairment to the hand but did not assign a percentage of impairment. He did not believe the shoulder and neck problems were related to her hand injury, because to his knowledge there was no complaint about shoulder and neck pain for several months.
Dr. Ackell ordered an MRI, which was conducted on November 29, 1995. It showed cervical stenosis at C5/6 C6/7 with a small central disc at C6/7 and a posterior bar at C5/6. It was Dr. Ackell's opinion that her cervical problems were not related to her hand injury, although she indicated it was possible the trauma of the hand injury could have caused the cervical problems to become symptomatic.
Upon being advised of Dr. Ackell's findings Dr. Hayes referred the defendant to Dr. Stephen Dreskin, a doctor specializing in pain management. Dr. Dreskin opined that the defendant had a 20% permanent impairment of her left upper extremity, and
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