Richard D. Roberts v. Goodyear Tire & Rubber Co.

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. The employer, Goodyear, contends the evidence preponderates against the trial court's findings that (1) the employee or claimant, Roberts, did not knowingly and willfully misrepresent his physical condition in an employment application, (2) the claimant suffered a compensable injury by accident and (3) the claimant retains a twenty percent permanent partial disability of twenty percent to the body as a whole. As discussed below, the panel has concluded the judgment should be affirmed. From 197 until April, 1988, the claimant was employed by another employer, Carborundum, as an electrician. In April, 1988, Carborundum ceased its operations. The out-of-work claimant applied to Goodyear for a job and, in March of 1989, was called to Goodyear regarding available jobs in its production department. After an interview, he was hired subject to a medical evaluation. He completed a medical evaluation form, including the medical history portion, then was examined by a physician, in accordance with the employer's standard practice. The claimant was approved for hiring on March 13, 1989. In completing the personal medical history portion of the medical evaluation form, the claimant checked "no" in response to the question which asked whether he had any "Disorder of the musculo-skeletal system -- back trouble, knee trouble, painful or swollen joints, bone fracture, gout, arthritis, amputations, etc.?" In response to another question, however, he noted a previous broken hip and repair to his urethra during a previous injury at Carborundum, for which he asserted a claim for workers' compensation benefits in 1976. After that injury and surgery, the claimant complained from time to time about low back pain. In the pre-employment physical examination, the physician reviewed the claimant's personal medical history and questioned him regarding the broken hip and urethra repair, but did not ask about any back pain associated with the injury. None was related. The physician then conducted a physical examination of the claimant and approved him for work with no restrictions. The claimant was assigned to the production department. On April 7, 1989, while at work and changing a roll weighing approximately 12 pounds, the claimant injured his back. The injury was diagnosed as a ruptured disc and treated with open surgery. The operating surgeon assigned an eleven percent permanent whole person impairment, from appropriate guidelines. 2