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ELLISON v. THERMA TRU11/15/2000
In this second appeal to this court, the appellant, Sarah Ellison, contends that the Commission erred by determining that she had not proven by a preponderance of the evidence that she is permanently and totally disabled and could be categorized as falling under the odd-lot doctrine. Because substantial evidence exists to support the Commission's decision, we affirm.
At the hearing before the administrative law judge, Ellison testified that she had experienced two non-work-related injuries to her back, in 1987 and 1989. She began working for Therma Tru in 1979, and her job required her to "pull loads of door stiles across the floor onto my machine." She suffered a compensable injury in 1991 while she was employed with Therma Tru and was pulling a
load of door stiles when she felt a "pop" in her back. She suffered recurrences of her injury in 1992 and 1993. The injury was accepted as compensable by Therma Tru, which paid indemnity and medical benefits. Ellison then claimed that she was permanently and totally disabled.
Ellison testified that she was terminated from Therma Tru on June 30, 1993, after her second recurrence "because her pain became so severe" that she could not cope with it. She testified that she has not worked since, and that she has not applied for any other jobs, but that she has asked to return to Therma Tru but was refused. After she was terminated, she presented to Dr. Stephen Heim, an orthopaedic surgeon. She stated that she is in constant pain and cannot sit or stand for a long period of time. She admitted that she did not see a doctor for her back condition in 1994, 1995, or 1996, and that she had not attended or scheduled any follow-up appointments with Dr. Heim since February 1997 because, she stated, Dr. Heim seemed to think there was nothing he could do to help her.
She also states that she had experienced respiratory and breathing problems in the past, as early as 1983, having been diagnosed with bronchitis and other respiratory problems. An inhaler was prescribed for her in 1988 by Dr. Sasser. She has smoked for approximately thirty years and has been told by doctors several times that she should quit. She said that she missed work in 1991 for her respiratory breathing problems, and that her problems had worsened. She stated, "I don't have much breath. Just any little thing and I'm out of breath. . . . Moving around or strenuous things cause me to run short of breath. Just trying to walk or anything." She stated that she is able to go grocery shopping, cook, and do laundry, but that she has to stop, sit down, and take a breath.
She stated that the effects of her back injuries, coupled with her respiratory problems, do not allow her to work. She testified, "If I had a job that I could just sit and use my hands I could do it if it were not for my respiratory problem. But if I'm going to be moving around or anything strenuous I could not do it with my respiratory [problems], neither with my back. I think I can do sedentary work."
She contends that she was permanently and totally disabled due to the combined effects of the 1991 injury and the 1992 and 1993 recurrences and her preexisting condition of chronic obstructive pulmonary disease. The Second Injury Fund was joined as a party, and it denied any liability for benefits, while Therma Tru denied that Ellison is permanently and totally disabled.
Medical evidence presented to the administrative law judge included reports from Dr. Harford, whose notes reflected that Ellison had suffered a back injury at work on May 8, 1991, which caused her severe pain resulting in numbness and tingling into her left leg and foot. She was released to return to work on Octob
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