William Rainey v. Tennsco Corp.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee, William Rainey, reported a gradual injury to his arms in August 2000. He received medical treatment for arm and neck symptoms through workers’ compensation and returned to work. Mr. Rainey alleged that he sustained a second injury, to his neck, in May 2002. Tennsco denied that a new injury was reported. Mr. Rainey was examined by two doctors through workers’ compensation.  Neither doctor considered him to be a surgical candidate. Mr. Rainey sought additional treatment on his own. Eventually, surgery was performed on his cervical spine. At trial, the employer, Tennsco Corporation (Tennsco) denied that Mr. Rainey had sustained a permanent disability as a result of his work injury. The trial court awarded 50% permanent partial disability to the body as a whole. Tennsco has appealed, contending that the evidence preponderates against the award. We affirm the judgment of the trial court.