Belinda Dunlap v. Nagle Industries

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 appellant contends the evidence preponderates against the trial court's award of permanent partial disability benefits based on twenty-five percent to the body as a whole. As discussed below, the panel has concluded the judgment should be modified and affirmed. At the time of the trial, the employee or claimant, Belinda Dunlap, was forty-one years old and a high school graduate. She worked for the employer, Nagle Industries, on its production line from approximately July, 1991 until September 11, 1992, when she reported to the employer that she was experiencing pain in her right hand after operating a drill press. She was sent to see Dr. Dave Alexander on September 14, 1992. Dr. Alexander initially excused her from work for approximately two and one-half weeks. Three days later, the doctor released her to return to light duty, but she did not return until September 22. Upon her return, she continued to complain of wrist pain and asked to be referred to another doctor. She was allowed to leave work and referred to Dr. Cooper Beazley, who released her to return to left hand work only. There is a factual dispute as to her reason for not performing the work offered. She has since begun working for, apparently, another employer. At the trial, Dr. Beazley testified that he found no abnormality and no permanent impairment. Dr. Larry Laughlin, who examined her at the employer's request, found a normal range of motion and function in the claimant's right elbow, wrist, hand and fingers. Additionally, the claimant was treated by Dr. Winston Griner and evaluated by Dr. Lloyd Walwyn. Dr. Griner diagnosed right carpal tunnel syndrome from repetitive use of the right hand and assessed a permanent impairment rating of fifteen to twenty percent to the right upper extremity. Dr. Walwyn made a similar diagnosis and assessed twenty percent to the right upper extremity, from loss of grip strength in her dominant hand. Both assessments were based on appropriate guidelines. The trial court awarded, inter alia, permanent partial disability benefits based on twenty-five percent to the body as a whole. 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). Under the Tennessee Workers' Compensation Law, injuries by accident arising out of and in the course of employment which cause either disablement or death of the employee are compensable. Reeser v. Yellow Freight Systems, Inc., 938 S.W.2d 69 (Tenn. 1997). Compensation benefits are payable for the number of weeks established by a statutory schedule of the 2