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Salyers v. Jones Plastic & Engineering Co.9/29/2005
didn't get around as quick. Said his leg was hurting some and I don't even recall what it was from."
The Worker continued to work for the Employer until he began treatment in April, 2003, but has not worked since. He applied for, and received, Short Term Disability payments for three months. When those payments ran out, the Employer provided a job for the Worker , but on a different shift than he had worked previously. The Worker quit because of the change of shift and because he was to go back to the same job he was doing at the time of the injury, which the Worker felt he could not do. The Worker was unemployed at the time of trial.
Medical treatment for the Worker included a surgical procedure followed by physical therapy. The Worker was released to full duty without restrictions, by Dr. Christian on August 7, 2003. Robert J. Barnett, M.D., who performed an Independent Medical Evaluation assigned a 15% anatomical impairment rating, apportioned to the right leg. His Form C-32 filed with the court states that the injury was work-related, and lists a number of restrictions, including thirty pound maximum lift, fifteen pound frequent lift, occasional lift less than three hours (without further explanation), stand and walk less than three hours (without further explanation), sit six hours, limited push or pull (without further explanation), environment restriction (without further explanation), with further restrictions that the Worker can occasionally balance and twist, but never climb, stoop, kneel, crouch or crawl. Dr. Barnett's written report, also filed with the court, provides that the Worker has "good range of motion but does lack a few degrees of full extension of the right knee. . . ." Measurements of his calf muscles shows 15" inches of the injured right limb and 15-3/4 of the uninjured left limb and " inch enlargement of the joint.
Other than the Form C-32 from Dr. Barnett, there were no medical opinions presented. No depositions were taken, no medical providers testified live before the Court, and no other Forms C-32 were presented. The parties stipulated that certain medical records could be considered by the court. The Evaluation from Sports Plus Rehab Centers lists as the "Major Complaint/History" the motorcycle accident of "1999" without mention of any work incident, and an "Outpatient One-Time Assessment" from Baptist Rehabilitation also references the motorcycle accident without mention of a work-related incident, but cites a date of 1994 for the motorcycle accident.
At the time of the trial, the Worker expressed serious problems. He testified that he "can't do stuff like I used to." He complained that he experiences swelling daily and that his leg "is stiff." He cannot run, and he has trouble playing with his children. He complained that "I can't like bend down and I can't hardly-I can't get back up on my own." He testified that he has pain "when I get up in the morning, when I go to get up out of the chair, when I'm, you know, doing stuff around the house."
STANDARD OF REVIEW
Our review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. ยง 50-6-225 (e)(2). Conclusions of law established by the trial court come to us without any presumption of correctness. Perrin v. Gaylord Entm't Co., 120 S.W.3d 823, 825 (Tenn. 2003).
ANALYSIS
We have carefully conducted an independent examination of the record to determine where the preponderance of the evidence lies, as the law requires us to do. Ivey v. Trans Global Gas & Oil, 3 S.W.3d 441, 446 (Tenn. 1999). We have rememb
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