Robin Sloan v. Bridgestone/Firestone, Inc.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends that the award of disability benefits is excessive; and the employee contends the trial court erred in finding that she did not suffer a disabling work-related neck injury. The panel has concluded that the judgment should be modified as provided herein. On July 5, 1992, the claimant, Robin Sloan, strained her back at work. She reported the injury to her employer and was referred to Dr. G. Jackson Jacobs, who referred her to Dr. David Bratton, an orthopedic surgeon, who, on July 15, 1992, diagnosed lumbar strain and released her to light duty for two weeks. She saw Dr. Daniel Phillips on October 23, 1992 and two other occasions. Dr. Phillips found no permanent disability to the claimant's back or neck caused by a work-related injury. Her attorney referred her to Dr. Richard Fishbein. Dr. Fishbein, on the strength of the history related to him by the claimant, agreed with the original diagnosis and assessed a permanent impairment of five percent to the whole body. The claimant is thirty-four years old witha high school educationand an associates degree in education from Motlow State Community College. She has experience in office work, as a restaurant manager and in business. She quit working for the employer shortly after the accident and was not working at the time of the trial. She was able to work, according to Dr. Bratton's note on and after July 15, 1992. The trial judge awarded permanent partial disability benefits on the basis of thirty-five percent to the body as a whole and temporary total disability benefits from July 5, 1992 to January 7, 1993. Appellate 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. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.