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Lewis v. Saturn Corp.9/6/2000
Appeal from the Chancery Court for Davidson County Irvin H. Kilcrease, Jr., Chancellor
Mailed May 4, 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 of findings of fact and conclusions of law.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed
Weatherford, Sr. J., delivered the opinion of the court, in which Birch, J., and Gayden, Sp . J., joined.
MEMORANDUM OPINION
The trial court found that employee, Valerie A. Lewis, suffered a compensable injury which arose out of the course and scope of her employment with employer, Saturn Corporation. The trial court awarded employee twenty percent (20%) permanent partial disability to the body as a whole, in addition to all medical expenses, and future medical expenses, and temporary total disability benefits.
The trial court held the employer was entitled to a set-off of $9,762.93 for disability payments in accordance with Tenn. Code Ann. §50-6-114 (b).
The trial court also granted employee discretionary costs in the amount of $2,846.50.
The employer, Saturn Corporation, raises on appeal two issues: (1) The trial court erred in finding that employee's back injury arose out of the course and scope of employee's employment, and (2) The trial court erred in finding that employee sustained her burden of proof as to the causation of her back injury.
The employee raises on appeal two issues (1) the trial court erred in holding that employer was entitled to a set-off of $9,762.93, and (2) the trial court erred in awarding employee two (2) times her medical impairment instead of awarding two and one-half (2 ½) times her medical impairment.
Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of evidence is otherwise. Tenn. Code Ann. §50-6-225 (e)(2). As discussed below, the panel has concluded that the judgment of the trial court should be affirmed.
Employee was forty-two (42) years old at the time of trial. She left high school in the 12th year prior to graduation. She attended Ross Medical Education Center and obtained a certificate as a medical- dental administrator. Employee was employed as a medical insurance biller for various hospitals and worked for Buick Motor Co. and Fisher Body prior to being employed at Saturn Corporation.
Employee began working for Saturn Corporation on January 16, 1992. Employee did a variety of jobs at Saturn, and in 1995 she was assigned to the "lost foam team" where she met fellow employee, Deborah Leach, who was a member of the same team. Employee and Ms. Leach did not get along well. Ms. Leach complained about employee coming in late, being out on medical, sleeping on the job and having bad work ethics.
On October 8, 1996, employee had a blowout on her way to work and was informed that her tire had been slashed in a way that would cause air to leak out slowly. She thought that Ms. Leach had something to do with this, and she and Ms. Leach had a conversation about the tire. Later on the same day, employee was standing near a table talking to Melvin Brantley, a co-worker, when Deborah Leach, carrying supplies, approached the employee and shoved her with her shoulder. Employee fell back on a table, rolled off the table and landed in a chair. Employee did not feel any pain initially. She first felt pain approximately two hours later when she was at home while
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