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United States Pipe & Foundry Company v. Camp9/4/2001
Mailed - May 2, 2001
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)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found the employee had sustained a temporary injury to his back and awarded medical benefits to treat his symptoms. On appeal the employee insists his injury was of a permanent nature. Judgment of the trial court is affirmed.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Circuit Court is Affirmed
Thayer, Sp . J., delivered the opinion of the court, in which Anderson, C. J. and Byers, Sr. J., joined.
OPINION
The employee, Steven L. Camp, had two workers' compensation claims which were consolidated for trial. One claim involved an injury to his right arm for which he received an award of 50 percent permanent partial disability to the arm. The second claim was an injury to his back. The trial court found the back injury was of a temporary nature and awarded medical benefits for the treatment of his symptoms. This appeal was perfected by the employee and relates only to the claim for the back injury.
Basic Facts
Employee Camp started working for United States Pipe & Foundry Company during May 1988. He initially injured his back in 1994 when he jumped back trying to avoid being struck by a crane and came into contact with a pipe. This incident caused mid-range back pain, stiffness of his neck and some numbness in his index finger. He was treated at the emergency room and was given anti-inflammatory medicine. This caused a back strain and he testified he returned to work fairly soon but had flare-ups with his back occasionally.
The employee testified that during June 1997, he injured his back again while pushing and lifting when he heard a pop and felt pain radiating down his lower back. He received therapy treatment and was given certain work restrictions. He stated that during January 1998, he was twisting and lifting when he heard another pop and his pain shifted to the other side; that it resulted in numbness of his leg down to his foot and there were sharp pains down his left leg. Upon his return to work he was given a temporary job of sweeping. His employer later determined there was no job available with his work restrictions and he was placed on temporary total disability benefits. Then the employer filed this action to determine whether the incidents at work during 1997 and 1998 were compensable.
Medical Evidence
The medical report and office notes of Dr. Dennis L. Stohler, an orthopedic surgeon, were filed in evidence. These records indicate the employee was seen numerous times from October 1995 to the early part of 1999. With reference to the incident at work during 1997, the doctor concluded he suffered a back strain and was obese. He also concluded the patient was not cooperating with the physical therapist in attempting to rehabilitate his condition and that he was not interested in doing exercises, etc. As to the 1998 work incident, his diagnosis was a back strain and degenerative disc disease. The report and office notes did not express an opinion on causation of injury . The last office note dated February 18, 1999 indicated he agreed with Dr. Archer Bishop's conclusion that there was no permanent impairment resulting from the "multiple injuries he described while working at U.S. Pipe and Foundry."
Dr. Lester F. Littell III, an orthopedic surgeon, testified by deposition and stated he saw the employee for a period of several yea
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