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Utely v. Bridgestone/Firestone2/20/2002
Mailed - January 16, 2002
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) for hearing and reporting of findings of fact and conclusions of law. The employee appeals and contends the trial court erred (1) in finding his claim for a work-related repetitive injury was barred by the statute of limitations, and (2) in concluding that his injury on September 20, 1997 did not result in any permanent disability. We affirm the judgment of the trial court.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Sumner County Chancery Court is Affirmed.
Howell N. Peoples, Sp. J., delivered the opinion of the court, in which Adolpho A. Birch, Jr., Justice, and William H. Inman, Sr. J., joined.
MEMORANDUM OPINION
BACKGROUND FACTS
William Jarrett Utley, age 52, worked for Bridgestone as a tire inspector from 1989 until November 24, 1997. In 1991, Utley began to have low back pain and was seen by a doctor furnished by the employer. In 1994, he again saw a company doctor about his back pain and was referred to Dr. Daniel L. Phillips who diagnosed lumbar radiculitis and back strain and placed him on medical restrictions, but he missed no work. In 1996, he returned to Dr. Phillips for treatment of his lower back, and was again placed on medical restrictions and referred for physical therapy. His back condition did not improve and he assumed he would have to learn to live with the pain. On September 20, 1997, he was lifting a tire when he experienced distinct pain running from his left buttock down and through his leg. He went to see Dr. Williams, his chiropractor, who had treated him for his low back condition, and was told he needed to see a neurosurgeon. Bridgestone then arranged for him to see Dr. William R. C. Stewart on September 26, 1997. Dr. Stewart diagnosed back sprain involving the piriformis muscle, and found no evidence of any nerve involvement or ruptured disc. He referred Utley to physical therapy, prescribed ice packs and Naproxen for control of pain, and imposed work restrictions. Dr. Stewart saw him again on October 3, 1997 and did another neurological examination that was entirely normal except for tenderness and discomfort. Dr. Stewart saw him again on October 15, 1997 and October 22, 1997 and the neurological examination was normal with no indication of a ruptured disc. Dr. Stewart last saw him on November 3, 1997 and released him to return to full work duty with no impairment and no restrictions. Bridgestone provided medical treatment and workers' compensation benefits until Utley returned to work. On November 26, 1997, Utley moved a table at home with his son and "the pain was excruciating." That same day, he went to see a chiropractor who determined that he had a ruptured disk for which he needed to see a neurosurgeon. Dr. Ronald T. Zellem subsequently did back surgery which did not alleviate his pain. On September 25, 1998, Utley saw Dr. Stanley Gilbert Hopp who performed a fusion at L4-5. Dr. Hopp testified by deposition that the proximate cause of the disk rupture appeared to be the activity of lifting the table at home. Dr. Stewart also testified by deposition that it was his "opinion that the injury later in the month of November was caused by the activity of lifting the table." Utley has not worked since November 26, 1997. Following the injury on November 26, 1997, Utley filed claims, and received benefits from his medical insurance and accident and sickness policies, that the injury of November 26, 1997 was non-employment related. The first time that Utley filled out an insurance form st
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