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Lee v. T.I.G. Insurance9/6/2001
Mailed - July 31, 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.
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 William M. Barker, J. and William K. Inman, Sr. J., joined.
MEMORANDUM OPINION
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 findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. § 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).
Plaintiff's Biography
The plaintiff, age fifty-three at the time of trial, has an eighth-grade education. He has limited ability in reading, writing and mathematics. His work history includes work as a filling station attendant, a cook in the Army, a factory worker, and a maintenance person. The plaintiff worked for the defendant's insured for nearly eighteen years performing maintenance work at an apartment complex.
The plaintiff had suffered a previous work-related injury to his back in 1997 while employed with the defendant's insured; he underwent back surgery and was found to have suffered a 10% permanent partial disability.
In August of 1999, the plaintiff sustained another work-related back injury while moving and tugging on some carpet. He notified the defendant's insured and was referred for medical care. He was found to have suffered a 50% permanent partial disability as a result of the August 1999 work-related injury.
Medical Evidence
The plaintiff received treatment from Dr. John Harrison, M.D., who diagnosed a recurrent injury at work and an underlying degenerative condition. Dr. Harrison ordered an MRI which revealed the plaintiff's prior surgical intervention with "no obvious significant surgical changes . . . . some degenerative changes . . . at two disc levels." Dr. Harrison eventually released the plaintiff with restrictions to light duty work and no medical impairment rating beyond the 10% assessed for the previous injury.
Dr. Gilbert Hyde, M.D. evaluated the plaintiff. He found the plaintiff had diminished knee reflex on the left knee and had a positive straight-leg raising test on both sides. The plaintiff also showed moderate tenderness and spasm in the back and moderate severe restriction of motion. Dr. Hyde stated the findings indicated ongoing moderate to severe back problems. Dr. Hyde's review of the MRI scans and x-rays from pre-injury, September of 1995, as compared to the post-injury, November of 1999, revealed changes in the discs, which were bulging.
Discussion
The trial judge accepted the testimony of Dr. Hyde over the other medical evidence presented in this case. The trial judge may do so. Kellerman v. Food Lion, Inc., 929 S.W.2d 333 (Tenn. 1996); Johnson v. Midwesco, Inc., 801 S.W.2d 804, 806 (Tenn. 1990). We may make an independent assessment of the evidence when it is presented by deposition and reach a different conclusion from that of the trial judge, Cooper v. INA, 884 S.W.2d 446, 451 (Tenn. 1994);
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