Terry Brown v. Ace Property and Casualty Insurance Company and William Bonnell Company, Inc.

This case is before the Court upon the entire record, including the order of referral to the Special Workers’ Compensation Panel, in compliance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Terry Brown sustained a work-related left knee injury on November 4, 2000, when he slipped on a plastic bag and fell on a concrete floor, landing primarily on his left knee. This incident occurred within the scope and course of his employment and was observed by his supervisor. Mr. Brown reported his injury and sought medical care from Dr. Bowdoin Smith with the approval of his employer. Dr. Smith administered nonsurgical treatment for pain and recommended that Mr. Brown receive an MRI scan and returned him to work. The treating physician’s recommendation of an MRI was not carried out and he made no impairment rating. Thereafter, a doctor preforming an independent medical evaluation assigned a 5% impairment to Mr. Brown’s left lower extremity. A second independent medical evaluation assigned a 1% impairment to the left lower extremity for this same injury. Unfortunately for Mr. Brown, on June 7, 2001, he sustained work-related injuries to both of his arms. Mr. Brown filed a complaint for workers’ compensation benefits on June 18, 2001 for all these injuries which was ultimately amended and later settled his claims related to both arm injuries. This settlement order retained as the only issue for ultimate decision, Mr. Brown’s claim for left lower extremity injury.  The trial court, after considering the medical and lay evidence, awarded Mr. Brown 45% permanent partial disability to his left lower extremity and the benefits associated therewith. The employer has appealed this decision asserting that this award is excessive and takes into account subsequent injuries to the arms. Therefore, this appeal is limited to whether the trial court’s award was excessive. After carefully considering the record, we find that although the award of the trial court is generous, we affirm the trial court’s determination.