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Williamson v. A.O. Smith Corp.4/28/2005
This workers' compensation case involves the award of permanent and total disability benefits to the employee and the apportionment of those benefits between her employer and the Second Injury Fund.
Background
Alice Williamson, an employee of A.O. Smith Corporation, had two prior workers' compensation claims that were resolved by court-approved settlements. On July 18, 2001, she sustained a gradual, progressive injury to her left shoulder and left arm. On August 30, 2002, Ms. Williamson initiated this civil action to recover benefits for those injuries. The Chancellor found her permanently and totally disabled and allocated liability between the employer and the Second Injury Fund. The employer and Ms. Williamson submit that the Chancellor made the correct determination and allocation; the Second Injury Fund disputes both the finding of permanent and total disability and the allocation of liability.
Standard of Review
Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. T.C.A. ยง 50-6-225(e)(2). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies. Wingert v. Government of Sumner County, 908 S.W.2d 921, 922 (Tenn. 1995). Conclusions of law are subject to de novo review on appeal without any presumption of correctness. Hill v. Wilson Sporting Goods Co., 104 S.W.3d 844, 846 (Tenn. 2002).
Findings of Fact and Conclusions of Law
Alice R. Williamson, born March 14, 1947, was 56 years old at the time of trial. She graduated from Lauderdale High School, but had no additional formal or vocational training. Mrs. Williamson married her husband, James, over 38 years ago and they have five children, one of whom lives with them in Ripley, Tennessee. She had worked 29 years at the same plant, 18 years with the last company that owned the plant until the company moved its operations to Mexico in July 2003. Her employment history is limited to production and assembly work in Ripley, Tennessee.
Ms. Williamson had two prior work related injuries. In the first case, which involved her previous employer, MagneTek, Inc., she experienced bilateral carpel tunnel syndrome. In a court approved settlement, Ms. Williamson was awarded a 40% permanent partial disability to the left arm and a 20% permanent partial disability to the right arm.
In the second case, Ms. Williamson claimed bilateral de Quervains syndrome of the wrists, right carpal tunnel syndrome and a right shoulder rotator cuff tear. Again through a court approved settlement, Ms. Williamson was awarded a disability payment; the payment consisted of $20,000 for an internal derangement of the right shoulder, resulting in a permanent partial disability award that equated to 20% of the body as a whole, with a stipulation that no claim had been demonstrated for the de Quervains syndrome or the right carpal tunnel syndrome.
On July 18, 2001, prior to the employer moving to Mexico, Ms. Williamson suffered a gradual, progressive injury to her left shoulder and arm and properly notified her employer. As a result of this injury, Dr. Marks S. Harriman performed a left shoulder arthroscopy and a left carpal tunnel release. When Ms.Williamson reached maximum medical recovery, Dr. Harriman assigned her a 6% impairment rating to her body as a result of the left shoulder condition. Dr. Joseph C. Boals, III, also examined Ms. Williamson after her surgery and opined that Ms. Williamson had a 16% impairment to the body as a whole as a result of the 20
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