Paul King v. Goodyear Tire & Rubber Co.

This workers' compensation appeal has been referred to this Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5- 6-225 (e) (3) for hearing and reporting of findings of fact and conclusions of law. The first issue presented on this appeal is whether or not the requirements of T.C.A. _ 5-6-241, limiting an award of permanent partial disability to 2 _ times the medical impairment rating, should have been applied to the award in this case. It is not disputed that the claimant sustained an accidental injury arising out of and in the course of his employment with the defendant employer when, on July 11, 1994, w hile working as a tirebuilder, he sustaine d an injury to his left shoulder. He subse quently saw Dr. James R. Wilkinson, an orthopedic surgeon. On October 6, 1994, Dr. Wilkinson performed a surgical procedure on his shoulde r which in volved dis secting the d eltoid muscle, removing the coracoac romial ligam ent and ch anging the anatomic construct of the shoulder. Dr. Wilkinson gave his o pinion that the claimant had sustained a permanent anatomical impairment of 6% to the left upper e xtremity due to joint crepitation, which amounted to 4% of the body as a whole. He agreed that, based upon his range of motion, his impairment should be an extra 2%. Dr. Wilkinson testified that he would expect claimant to have some weakness in his shoulder and would benefit from possibly avoiding overhead and heavy lifting and push ing a nd p ullin g aw ay fro m hi s bod y. He felt that claimant could have some problems with his shoulder performing his previous job. Dr. Wilkinson's rating conv erts to 4% physical impairment to the body as a whole. On January 6, 1995, claimant was released by Dr. Wilkinson to return to work, and he did return to w ork with th e defend ant emplo yer at his previous job, earning the same wages. On Ma y 1, 1995, claimant saw D r. Robert Barnett one time at the suggestion of his attorney. Claimant gave a history to Dr. Barnett of popping and creaking in his shoulder, which had impro ved, but said that he still felt the s ensation of it when he moved h is shoulder. 2