 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Dies v. Perma Pope6/2/2000
PANEL AT NASHVILLE
JUDGMENT
This case is before the Court upon defendants' motion for review pursuant to Tenn. Code Ann. ยง 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not well-taken and should be DENIED; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs will be paid by appellant, for which execution may issue if necessary.
The motion to supplement the record is, hereby, DENIED.
Drowota, J., not participating
AFFIRMED
Clement, Judge
MEMORANDUM OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation 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. The employer alleged eight bases of appeal: 1) whether the injury arose out of and in the course of the claimant's employment, 2) whether notice of the injury was provided to the employer, 3) whether the trial court was within its discretion in accepting the testimony of one expert over that of another, and 4) whether the amount of the award was appropriate. The panel affirms on each issue.
The trial court awarded temporary total disability benefits for two weeks in the sum of $440.00; permanent partial disability benefits of twenty (20%) percent to the body as a whole, in the sum of $17,600.00; unauthorized, unpaid medical benefits in the sum of $1,362.00; discretionary costs for deposition in the sum of $250.00; and future medical benefits, all in accord with the workers' compensation statute.
Though the injury and/or the extent of the injury is disputed, it is undisputed that Kirby Dies ("Dies") was involved in a work related incident while working for Perma Pipe, Inc. ("Perma Pipe"). It occurred sometime in July or August 1994. The incident occurred while Dies was assisting another Perma Pipe employee, Joey Jones ("Jones"). Jones was operating an articular loader for Perma Pipe. He was moving pipe casings, each of which was estimated to weigh 500 pounds. Jones inadvertently lowered one end of two pipe casings on Dies' back.
Dies experienced pain following the incident. Jones immediately informed the production supervisor, Bobby Thompson ("Thompson"), of the incident. Thompson then asked Dies whether he was hurt and whether he wished to go to the hospital for medical evaluation. Thompson also informed Dies that company policy required that he be drug tested and evaluated if he were hurt. Dies indicated to Thompson that he was "just a little sore" and declined medical care. No written record was made of the incident. Thereafter, Dies would experience only intermittent back pain, he missed no work due to the pain, and did not seek medical care for the pain.
In August or September of 1994, Dies was assigned to the painting shed. This job required leaning over to dip parts into a vat of paint. Though Dies made no complaint at that time, Dies alleges this activity exacerbated his low back pain.
On May 12, 1995, Dies experienced considerable pain while lifting a pipe. This occurred on a Thursday afternoon at the end of his shift. Dies made no report of this incident either; instead, he went home thinking all h
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|