 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Long v. Mid-Tennessee Ford Truck Sales3/18/2005
Background
On July 12, 1995, the employee, Drexel Wayne Long ("Long"), injured his right foot while in the course and scope of his employment with Mid-Tennessee Ford Truck Sales, Inc. ("Mid-Tennessee") in Nashville, Tennessee. Long filed a workers' compensation claim seeking benefits for the injury, including compensation for the nursing services provided to him by his wife, a certified nurse technician, following surgery for the injury. The complaint also sought benefits based on weight gain and sleep apnea allegedly resulting from the injury. The following evidence was presented before the trial court.
At the time of the injury, Long was working at the parts counter for Mid-Tennessee. His job duties included filling parts orders by retrieving the required parts from the employer's warehouse and bringing them to the counter.
On July 12, 1995, Long was carrying a converter weighing thirty-five to forty pounds on his right shoulder when he felt a sharp pain in his right foot. He testified that "it felt like my right foot just broke in half. . . . I got up, and I couldn't hardly put no weight on my right foot." Mid-Tennessee initially did not believe that Long had sustained a work-related injury and refused to provide medical care.
Long had sustained at least three prior injuries to his right leg and foot. In 1983, Long injured his right leg in a motorcycle accident and underwent five surgeries to repair the damage resulting from the accident. In 1988, Long broke his right ankle in a slip and fall accident in the course and scope of his employment with a previous employer, Bud Jones Trucking. In 1991, Long fractured his right ankle again, this time while working for Mid-Tennessee. Following both the 1988 and 1991 injuries, Long filed and settled workers' compensation claims and thereafter returned to work full time.
Dr. Barrett Rosen, who treated all of Long's leg and foot injuries, performed fusion surgery on his right ankle following the 1991 accident. After the fusion surgery, Dr. Rosen restricted Long from standing or walking for prolonged periods. In 1992, Dr. Rosen assigned Long a 40% impairment rating to the right foot. Long continued to complain of pain in the ankle, and as of 1994, Dr. Rosen had restricted Long from standing for more than one hour at a time. As a result of his multiple injuries, Long developed degenerative arthritis in his foot. The evidence showed that in 1993 and 1994, Long complained to Dr. Rosen of having some difficulty working. In 1994, Long reported "significant swelling" when he was required to be on his feet, which caused him pain and took several days to go away.
Dr. Rosen authorized Long to return to work on light duty following his injury, but Mid-Tennessee had no light-duty work available for Long and made none available. Long has not worked since. He has a high school diploma and has taken some college courses. Additionally, he has worked as an insurance agent and as a supervisor for various employers.
Long continued to have problems with his right foot and underwent a second ankle fusion on February 4, 1997. He remained in the hospital for several days before being discharged. Long testified that when he went home, he was in a full leg cast, was non-ambulatory, and was confined to bed. He was instructed to use a "polar pak ice machine" to regulate the temperature of his leg. He testified that the ice in the polar pak had to be constantly monitored to ensure that the correct temperature was maintained. Shortly after the operation, Long's wound developed a staph infection which took several months to heal. The treatment of the infection required that his bandages be changed every
Page 1 2 3 4 5 6 Tennessee Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|