Willie Banks v. Meridan Insurance 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. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff reported that he had injured his back on May 4, 1993. The trial judge found the plaintiff had failed to show by a preponderance of the evidence that he had sustained a permanent impairment and dismissed the complaint. We affirm the judgment of the trial court. The undisputed evidence shows the plaintiff suffered from spinal stenosis, a manifestation of the aging process, which is normal for a person of the age of 62, the age of plaintiff. The material evidence consists of the deposition testimony of Dr. Roger Ray, a neurosurgeon, and a CT scan done at Crockett Hospital. Dr. Ray, when asked on direct questioning, testified the plaintiff sustained a ten percent whole body impairment as a result of the alleged back injury. The finding was based upon the testing given to him and upon his evaluation of the plaintiff and review of the CT scan report. On cross-examination, Dr. Ray testified he did not use the 4th Edition of the AMA Guides to determine the disability of the plaintiff, but testified he thought he used the 3rd edition. Dr. Ray's testimony was less than clear on whether he used any edition of the Guidelines. The ultimate outcome of the testimony of Dr. Ray and the finding of the CT scan is that the plaintiff suffered from spinal stenosis, which was not caused by the injury at work. At most, the injury only caused the plaintiff to suffer pain. The plaintiff was released by Dr. Ray to return to work without any limitations. From the record, we find the plaintiff suffered from an underlying condition that was not caused by the employment. At most, the plaintiff has, by his own report, suffered only pain. There is no evidence the employment caused any progression or aggravation of the underlying condition, but only caused pain. This is not compensable. Cunningham v. Goodyear Tire and Rubber Co., 811 S.W.2d 888 (Tenn. 1991). See also Townsend v. State, 826 S.W.2d 434 (Tenn. 1992). 2