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Ryder Driver Leasing8/27/2001
Mailed - December 12, 2001
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 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 the plaintiff had a compensable psychiatric injury . We affirm the findings of the trial court.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed
JOHN K. BYERS, SR. J., delivered the opinion of the court, in which HOUSTON M. GODDARD, SP . JUSTICE and WILLIAM H. INMAN, SR. J., joined.
MEMORANDUM OPINION
The trial court found the defendant had sustained a psychiatric injury but noted the doctor failed to assign an impairment rating and noted the medical testimony showed the defendant could return to gainful employment. After allowing additional psychiatric proof, the court awarded temporary total disability retroactive to January 1, 1998, the date of maximum medical improvement. The trial court eventually awarded 400 weeks permanent total disability, subject to the maximum allowable in Tennessee Code Annotated § 50-6-102(b) for complete loss of mental faculties, and awarded future medicals.
The employer argues the trial court erred in awarding psychiatric benefits after deciding no compensable physical injury had occurred. The employer also argues the trial court erred in disallowing its motion for continuance. The employee is contesting the trial court's failure to award compensation for a physical impairment.
Facts
The defendant, age forty-seven at the time of trial, quit school in the tenth grade; he reads at an eighth grade level. His work history is that of a truck driver, which he has done for twenty years. He claims he was injured in August of 1995 while in Rhode Island. He strained his back while unloading bed rails.
He took time off after the injury , during which time he received temporary total disability benefits, and then tried to return to work in November of 1996 but could not stand the pain. He testified that after leaving work in November he could no longer travel to see family, camp or boat. He could not drive or lift or work. He could work before the accident despite pain because he was able to "work through it." The defendant has an extensive medical history pre-accident: chronic back pain, severe sleep apnea, depression, obesity, hypertension, gastroesophageal reflux disease, prostatitis, and impotence.
Medical Evidence
The employee was seen by a multitude of physicians. The pertinent testimony is set out below.
Dr. Margaret Robbins, M.D., a psychiatrist, testified via deposition. Dr. Robbins noted the employee had previously been treated by another doctor with Paxil but did not finish his course of treatment. The employee also had been non-compliant for his medical treatment of other conditions such as sleep apnea. Dr. Robbins testified that the employee's current medical condition is sufficiently explained by his ongoing medical problems and not caused by the August 1996 accident.
Dr. Robert Finelli, M.D., a neurosurgeon, testified via deposition. Dr. Finelli saw the employee on four occasions before the August 1996 event. The employee had complaints similar to the post-injury complaints at those visits-back and right leg pain with pain into the mid-thigh and calf, chronic since 1988. Dr. Finelli felt the employee would have to learn to live with the problems.
Dr. Kevin Bailey, M.D., an orthopedist with a specialty in physical medicine
Page 1 2 3 4 Tennessee Personal Injury Attorneys
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