Agatha Lawrence v. Findlay 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. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. I The plaintiff alleged that she suffered a series of injuries in April, June and August 1992 which aggravated an undescribed condition, and as of January 13, 1993 suffers from bilateral hand pain and numbness with cervical radiculopathy and carpal tunnel syndrome with specific thumb involvement. This case was filed in the General Sessions Court of Warren County, and was, by agreement, heard by the Clerk and Master, "acting as Judge of the General Sessions Court," on October 4, 1995. The trial court found that the plaintiff had a 4 percent permanent partial disability to her left arm, and a 24 percent permanent partial disability to her whole body as a result of a cervical injury. The employer appeals, (1) questioning the finding of a cervical injury, and (2) whether the award of benefits is excessive. II The plaintiff testified that she was, at trial date, "a young 65," who entered the labor market at age 15 or 16 as a sewing machine operator, where she remained 25 years. She obtained another job in the textile industry which required repetitive hand movements, following which she became an entrepreneur, operating a small grocery for three years. She testified that the grocery business also required repetitive movements. After her entreprenurial stint was over, she obtained a job as a school bus driver for ten years, followed by a series of three jobs in the textile industry, the final of which was with the defendant which, we infer, was of short duration. While employed by Easyware (the second of these employers after her bus- driver job) she had a successful carpal tunnel release performed on her right hand. 2