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Meadows v. Wausau Insurance Company12/8/2003
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. ยง 50-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
The trial court in this case found the plaintiff to be permanently and totally disabled and that Wausau was liable for the plaintiff's compensation . The trial court also allowed the plaintiff to voluntarily dismiss the co-defendant, Legion Insurance Company. The plaintiff argues that the trial court was correct in its ruling, and we agree.
Facts
The plaintiff, Ms. Meadows, was employed by Hobbs Staffing, a temporary employment agency, when she was working for, and injured on the job at, Suburban Manufacturing Company in March of 1999. She received medical attention and returned to work for Hobbs, but at a different place called Save-A-Pet. In August 1999, she was involved in another accident again injuring her back. She again received medical attention and returned to work. Ms. Meadows injured her back two more times, in January of 2000 and May of 2000, for which both occurrences she received medical attention and returned to work. In August of 2000, Ms. Meadows felt that she was no longer able to work because of the pain due to her back.
Ms. Meadows also began suffering psychological problems not long after her first injury in March of 1999. These psychological problems seemed to worsen between March of 1999 and the summer of 2000. She was admitted to two different psychiatric hospitals at least five times. In addition, Ms. Meadows has sought medical attention for her back several times between June 1, 2000 and September 22, 2001.
Wausau was the workers' compensation insurance carrier for Hobbs between August 1, 1998 and August 1, 1999. Legion was the workers' compensation carrier for Hobbs between August 1, 1999 and August 1, 2000. Fireman Fund was the insurance carrier for Hobbs between August 1, 2000 and August 1, 2002. Wausau filed a motion for summary judgment on March 18, 2002, and while that motion was pending, the plaintiff sought to voluntarily dismiss co-defendant Legion which the trial court allowed the plaintiff to do.
Medical Evidence
Ms. Meadows was seen by a number of doctors for both her back injuries and her psychological injuries. Dr. Michael Gallagher, a neurosurgeon, treated Ms. Meadows after her injury in March of 1999, and also several times later after Ms. Meadows had said she had re-injured her back. Dr. Gallagher felt that Ms. Meadows had a compression fracture, but allowed her to return to work with some limitations and restrictions. Dr. Gallagher testified that he found no new associated symptoms after each incident of re-injury to the back, and also that each of these new incidents were related to the March of 1999 incident.
Ms. Meadows also saw Dr. Scott Hodges, an orthopaedic surgeon. Dr. Hodges diagnosed Ms. Meadows as having a pre-existing condition of hyperthoracic hyperkyphosis, which he concluded would cause her chronic back pain. Dr. Hodges also felt that all of her subsequent symptoms and problems with Ms. Meadows' back were related to the injury in March of 1999.
Ms. Meadows also saw two psychiatrists, Dr. Sydney Alexander and Dr. Terry Holmes. Dr. Alexander testified that there must be a nidus, or pre
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