 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Thompson v. Travelers Indemnity Co.9/20/2005
I. Facts and Procedural History
Mrs. Dianna Gail Thompson has worked for Toshiba American Consumer Products, Inc. ("Toshiba"), for 16 years prior to the industrial accident which is the subject of this appeal. In her employment she has held various jobs including material handler and PC operator. After this on-the-job injury, Ms. Thompson has been retained as an employee by Toshiba and was returned to work as a relief operator at the same or a greater wage as before her injury. At the time of the trial she was 36 years of age, a high school graduate with no additional formal education or vocational training.
On April 30, 2003, Ms. Thompson was moving skids (wood pallets) as a relief operator when she experienced a pop in her lower back. After the injury she continued to feel pain which started in her lower back and traveled through her right leg to her big toe. As a result of this injury, Ms. Thompson had difficulty in lifting, bending and sitting for extended periods of time. Daily activities including gardening, mowing the grass, sweeping, making beds, vacuuming, taking down curtains, washing clothes, and carrying the clothes hamper resulted in low back and right leg pain. Ms. Thompson's testimony in this regard was substantiated by the testimony of her companion, Mr. Eric Montgomery.
Ms. Thompson promptly reported her injury to her supervisor and Toshiba authorized Ms. Thompson to receive treatment from Dr. Scott Baker who diagnosed her with a lumbosacral strain. Dr. Baker authorized Ms. Thompson to be off from work for one week then released her back to her employment. Unsatisfied with his care, Ms. Thompson sought the treatment of Dr. Stephen Neely without the approval of Toshiba. When Toshiba refused to pay for Dr. Neely's care, Ms. Thompson requested that Dr. Baker refer her to Dr. Roy Terry, which was done.
Dr. Terry reviewed an MRI, EMG, and bone scan and found a disk dessication but "no abnormality." Dr. Terry was of the opinion that there were no positive objective findings to substantial any problems in Ms. Thompson's lower back. Dr. Terry, in his evaluation and treatment, never provided any medication or prescribed any physical therapy for Ms. Thompson.
Ms. Thompson sought an independent medical evaluation from Dr. Walter Wheelhouse. Dr. Wheelhouse performed an additional physical examination and found a reduction in each of the range of motion measurements. Dr. Wheelhouse diagnosed an L5-S1 disk protrusion and radiculopathy in the right leg and assigned Ms. Thompson a partial permanent impairment rating of 5% to the body as a whole. He imposed restrictions on her work activities to avoid "lifting over 25 pounds maximum occasionally and avoid repetitive bending, stooping, lifting, twisting, turning or reaching overhead." In addition, Dr. Wheelhouse prescribed pain relievers and recommended home exercises.
At the trial of this case, these two conflicting medial depositions of Drs. Terry and Wheelhouse were submitted as the only medical proof. The trial court accredited the independent medical evaluation testimony of Dr. Wheelhouse and also accredited the veracity of Ms. Thompson and her witnesses as to her injury and awarded Ms. Thompson permanent partial disability benefits of 12.5% to the body as a whole.
At the close of the proof and over the defendant's objection, Ms. Thompson's attorney submitted attendance records which he had obtained from Toshiba during discovery. This document showed dates which she was absent from work and the reasons for the absences included "doctor." "WC," "personal business" and "vacation day." Without any further explanation or proof as to the source of the document and wi
Page 1 2 3 4 5 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|