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Wardlaw v. Standard Coffee Service Co.9/3/1999
AFFIRMED
OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. ยง 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and Conclusions of law.
The trial court found that the plaintiff's injury arose out of and in the course and scope of his employment, resulting in a twenty-five percent permanent partial disability to the body as a whole. We affirm.
At the time of trial, the plaintiff was 59 years old with a B.S. degree in marketing and training in sales management. His previous job experience consisted mainly of sales and sales management jobs with large companies. These jobs required no physical skills. Prior to his employment with Standard Coffee Service Company, the plaintiff was an over-the-road independent trucker hauling and delivering computers and accessories to various medical sites. Prior to his injury , the plaintiff had been engaged in a physical exercise program, consisting of lifting weights and long distance walking. The plaintiff testified he began working for the defendant in September of 1995 as a route salesman, after undergoing a pre-employment physical. He had no history of back problems.
At trial, the plaintiff testified that he was in Louisiana in October of 1995, training under the supervision of another route salesman, Bill Toupe. As part of his job training, the plaintiff would service various customer accounts by replacing coffee, taking inventory, and cleaning equipment. This activity involved bending and lifting cases of coffee from the company van.
On October 19, 1995, Mr. Toupe and the plaintiff made thirty to forty calls before returning to Mr. Toupe's home to do job -related paperwork. The plaintiff stated that they carried a computer and other records to the upstairs of Mr. Toupe's home and got on the floor on their hands and knees to do job-related paper work. After an hour or so, the plaintiff felt a numbness in his right leg and a burning sensation in his right heel. He was limping by the time he left Mr. Toupe's house. He testified that he did not notice any problems earlier that day while getting in and out of the van, digging in the van, pulling boxes of coffee, or carrying items upstairs. The next day, October 20, the plaintiff advised Mr. Toupe that he was in pain and unable to continue working. The plaintiff returned to Memphis that same day. His symptoms worsened in the following three or four days, which he reported to his supervisor in Memphis, Bob Wagaman.
Shortly thereafter, the plaintiff saw Dr. Jack Halford, who referred him to Dr. Rodney Olinger after an MRI and nerve block were performed. Dr. Olinger performed surgery on the plaintiff's back on December 15, 1995, and the plaintiff was off work until January 29, 1996. He attempted to return to work in February, 1996, but was unable to do his job . At the time of trial, the plaintiff had not returned to work nor sought employment. The plaintiff was drawing Social Security benefits, disability benefits, and retirement benefits totaling approximately what he had been making per week with the defendant.
Mrs. Jeanette Wardlaw, the plaintiff's wife who is also a nurse, testified she and the plaintiff have been married for thirty-three years. She corroborated her husband's work history and his denial of previous back problems. Since his injury , Mrs. Wardlaw testified that her husband is very limited in his activities, and, due to his back pain, either stands or lies on the floor most of the time.
Dr. Rodney Olinger, the plaintiff's neurosurgeon, testified b
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