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Dolgencorp9/16/2005
Chris Hudson sued Dolgencorp, Inc., d/b/a/ Dollar General Corporation ("Dollar General"), seeking workers' compensation benefits. Dollar General answered and denied liability. The trial court conducted an ore tenus hearing in June 2004.
The parties stipulated, among other things, that Hudson's on-the- job accident occurred on December 6, 2000; that Dollar General paid all of Hudson's authorized medical bills incurred as a result of the accident; that Hudson reached maximum medical improvement on August 21, 2003; and that Hudson's average weekly wage at the time of the accident was $450 with fringe benefits and $410.26 without fringe benefits. The parties also stipulated, and the trial court accepted, that the only issue before the trial court was the amount of Hudson's loss of earning capacity as a result of his on-the-job injury .
On September 21, 2004, the trial court entered a detailed final judgment in which it found Hudson to be permanently and totally disabled as a result of the on-the-job injury ; the trial court awarded benefits accordingly. In its judgment, the trial court included the following pertinent facts:
"At trial, [Hudson] testified that he was 33 years old, having a birth date of February 3, 1971. [Hudson] also testified that he had quit school in the 10th grade and had obtained his GED in 1994. Also, [Hudson] stated that he had attended Athena Computer Learning Center and Virginia College, where he took computer classes.
"Regarding his work history, [Hudson] testified that he had worked as a picture framer, grocery store sacker, cashier, hydraulic mechanic, automotive parts runner, wrecker driver, parts puller, warehouse worker, and carpenter's assistant prior to going to work for [Dollar General]. At the time of the on-the-job injury , [Hudson] testified that he was working as a store manager.
"Further, [Hudson] testified that he was injured on December 6, 2000, while working for [Dollar General]. Specifically, he testified that he was carrying a case of chemicals when he tripped over a box and fell to the floor. [Hudson] testified that he felt immediate back pain, and he reported the accident to the assistant store manager, Ms. Barbara Williams. Later the same day, he telephoned his supervisor, District Manager Bill Dickinson, and reported his accident.
"After the accident, [Hudson] testified that he was treated by Dr. Walter Wilson, Dr. Donald Slappey, Dr. Martin Jones, and Dr. Danny Michael. For injuries to his back, [Hudson] testified that he received the following treatments and tests:
"Epidural block injection
"Diskograms
"Physical Therapy
"Spinal fusion surgery 5/21/01,
"Spinal refusion surgery 3/25/03.
"After his first spinal fusion surgery, [Hudson] testified that he used a bone stimulator and that he currently uses a Micro Z brace with stimulator.
"Upon reaching maximum medical improvement from his first surgery, Dr. Michael assigned a 12% permanent impairment rating. After [Hudson's] second surgery (refusion), he was given the same rating by Dr. Michael.
"[Hudson] further testified that he is currently in chronic pain and is severely limited in his daily activities due to the effects of his pain medications. He also stated that his typical day includes watching television, spending some time on his home computer, driving and walking short distances and spending time with his son. At the time of trial, [Hudson] testified that he was being prescribed Morphine twice a day for pain and Flexeril for muscle spasms, and that said medications made him dizzy, lightheaded, drowsy, and affected his co
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