Tammie S. Watson (Jamesvs. Liberty Mutual Ins. Co., et al.

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 originally claimed injury to the right arm while working at La Del Manufacturing Company and injury to or aggravation of a pre-existing injury to the left arm at her later employment at McDonalds of Lawrenceburg. The two cases were consolidated for trial, and the trial court dismissed the second employer after the hearing. Plaintiff was awarded 35% permanent partial disability to each upper extremity, and the first employer was found liable for both injuries. We affirm the judgment of the trial court. On February 7, 1992, Plaintiff banged her right hand on a chair while working at La Del Manufacturing Company. She continued to work for La Del, using her left hand to perform tasks previously performed by the right or with both hands, until March 3, 1992. There is no contest concerning the injury to the plaintiff's right arm. On March 15, 1992 she saw Dr. Kenneth L. Moore, whose deposition indicates paresthesia in both hands. On April 22, 1992, she underwent surgical release due to carpal tunnel syndrome on the right. On May 27, 1992, when she returned to the surgeon for post-surgical follow-up care, she complained of tingling in her left hand. In November of 1993, plaintiff obtained a job at McDonalds through a program which hires handicapped workers. McDonalds placed her in various jobs in an effort to accommodate her limitations. Plaintiff testified that she continued to experience pain whenever she tried to do anything with the left hand. After a leg injury at McDonalds unrelated to the case at bar, plaintiff was unsuccessful in her efforts to get appropriate work limitation documentation for McDonalds from her doctor. When McDonalds withheld her return to work pending receipt of the required release, she went to work at Hardees, and later at Shoneys. On June 16, 1994, plaintiff had carpal tunnel surgery on the left hand. Dr. Moore opined when deposed that plaintiff sustained no additional medical impairment as a result of her job at McDonalds. However, he was unwilling to assert 2