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Methodist Hospital Of Dyersburg3/15/2001
Mailed January 10, 2001
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 employer- appellant contends the award of permanent partial disability benefits is excessive. As discussed below, the panel has concluded that the evidence preponderates against an award based on five times the undisputed medical impairment rating.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court Affirmed as Modified.
Loser, Sp . J., delivered the opinion of the court, in which Holder, J. and Walker, Sp. J., joined.
MEMORANDUM OPINION
The employer initiated this civil action seeking a declaration of the extent of its liability for permanent disability benefits to the employee or claimant, Linda Ams. No other issue was presented to the trial court.
At the time of her injury on October 9, 1996, the claimant was 53 years old. She has a GED and an associate's degree in nursing from the University of Tennessee at Martin. After receiving her degree, she worked at Volunteer General Hospital as a charge nurse supervising nurse's aides. She has worked as a supervisor and served as nursing director at Ten State, Inc., where she taught classes and was responsible for supervising an average of 250 employees, as well as accounts of patients that were being provided home health care services. Until injured, she served as Director of Patient Services at Methodist Hospital in Dyersburg. She suffered a back injury while lifting safety manuals from a low shelf and has not returned to work.
She was first seen in the emergency room, then referred to Dr. Carl Huff. When conservative care did not help, she was referred to Dr. Morris Ray, who performed surgical disc repair on her lower back. She retains a permanent clinical impairment of 12 percent to the whole person and is medically restricted from lifting over ten pounds repetitively, twenty pounds occasionally, prolonged standing and repetitive stooping or bending. After being released by Dr. Ray, she received medication management from Dr. Michael Kempton.
Dr. Kempton sold his family practice in 1998 and presently is an emergency room physician.
He testified in his opinion that the claimant was totally "disabled." He expressed no opinion as to the extent of the claimant's medical impairment and did not use any guidelines in assessing her disability. Dr. Kempton has no education, training or experience which would qualify him as an expert on vocational disability.
A vocational expert, Brenda C. Dailey, has a master's degree in guidance and personnel services and twenty years' experience as a vocational rehabilitation counselor. She testified that the claimant's qualifications were superior to 95 percent of the people she has seen for evaluation and that she is capable of working in a supervisory capacity. Ms. Dailey testified that there are presently such jobs available in the claimant's home community. The claimant, however, has not sought any employment since her injury .
Upon the above summarized evidence, the trial court expressly discredited the testimony of Dr. Kempton and awarded permanent partial disability benefits based on 60 percent to the body as a whole, which equates to five times the only proof of medical impairment. Review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderan
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