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Salyers v. Jones Plastic & Engineering Co.9/29/2005
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the provisions of the Tennessee Code Annotated section 50-6- 225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Jones Plastic & Engineering Co., LLC ("Employer") has appealed the action of the trial court, which determined that David Salyers ("Worker") sustained 28% vocational disability apportioned to the right leg, asserting primarily that, although the Worker did experience a minor fall while working for the Employer, this incident did not result in any injury. The Employer further asserts that the problems resulted from a motorcycle accident before the Worker became employed by the Employer and not from any work- related incident. For the reasons stated below, we affirm the decision of the trial court.
FACTUAL BACKGROUND
The Worker was twenty-nine years of age at time of trial. He is a high school graduate, with no further education other than limited welding classes. He is a divorced father of three. After working for brief periods of time for an HIS factory, where he "pulled pants," for Emerson Tool, where he ran a press in the "iron section," for Ray Smith Chevrolet, where he painted cars and did mechanic work, and for himself, briefly, diving for mussel shells for his father's business, the Worker began working for the Employer on May 4, 2002. After working for some nine months, he fell on February 14, 2003 while pulling a mold out of a press. As he was attempting to "break some bolts loose" so he could remove the mold, his wrench slipped, causing him to slip in some oil which had been spilled on the floor of the plant. The Worker testified that his right leg "popped real bad." No one saw the Worker fall, although his supervisor reached the scene immediately after the fall, before the Worker had arisen from the floor. The Worker then reported the incident to his supervisor, who completed an incident report. The Worker did not indicate any desire to see a physician at that time, however. In fact, the Worker did not seek to see a physician for nearly two months after this incident.
The Employer asserts that the Worker 's injuries were due to a prior accident that did not occur within the course and scope of the Worker's employment. The evidence is undisputed that the Worker had, prior to beginning work for the Employer, been injured in a motorcycle accident. The Worker asserted that his injuries from the motorcycle accident had been minor. He acknowledged such an injury, which the proof showed occurred either in 1994, 1997, or 1999, and also involved the right leg. The Worker testified, however, that his prior accident involved no permanent injuries, but "just a little scratches and stuff." He further asserted that after the motorcycle incident, he had no problems performing any job for the Employer or for any prior employer, and he had been employed in some very physically demanding jobs.
Although he continued to work for nearly two months after the February 14, 2003 incident, the Worker and his mother both testified as to problems which began immediately and which he had not experienced previously. He testified that his leg would "pop out of joint . . . and I'd have to get down on the ground and try to pop my leg back in joint and it was painful." Pam Salyers, the Worker's mother, testified that she saw the Worker twice a week prior to the injury at bar and that she did not observe any problems with his leg. After February 14, 2003, however, Ms. Salyers observed the Worker "limping a lot and-and if he-he squatted down, he had a lot of trouble getting up." Furt
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