Richard May v. Liberty Mutual Insurance & Southern Manufacturing

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. Richard May filed this complaint alleging permanent partial disability after a mold dropped on his left hand at work, causing a crush injury. The trial court found he had sustained 45% permanent partial disability to the left arm and awarded temporary total, permanent partial, mileage and medical benefits, as well as discretionary costs. Southern Manufacturing Group ["Southern"] appeals and presents for our review the issues of (1) whether the preponderance of the evidence supports a lesser amount of permanent partial disability, and (2) whether the weekly benefit rate should be $24.76 rather than $226.52. On May 6, 1996, Mr. May was injured while working for Southern when his hand was crushed between two halves of a large metal mold weighing approximately 15 pounds. He notified his employer immediately and went to see Dr. Gregory Wiley, whom he selected from the employer's list of approved physicians. After a brief period of conservative treatment, Dr. Wiley referred Mr. May to Dr. Ramotsumi Makhene, a board-eligible plastic surgeon who also practices reconstructive surgery with a subspecialty in hand surgery. Dr. Makhene saw Mr. May on July 31, 1996 and noted swelling of his left hand and a nodule on the back of his hand above the knuckle, along with limited range of motion. He diagnosed tendinitis and prescribed a splint, anti- inflammatory medication, and occupational therapy. 2