Jerry Wayne Adams v. Jimmy Dean Foods, et al

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. This is an appeal by the plaintiff's employer, Jimmy Dean Foods, and its insurance carrier, The Travelers Insurance Company, presenting the sole issue as to whether the preponderance of the evidence supports the trial court's award to the plaintiff, based on a finding of 5 percent permanent partial disability to both arms. After a careful review of the record, we conclude that the findings and judgment of the trial court must be affirmed. We first summarize the evidence. The plaintiff testified in open court. He stated that he was 37 years of age with a high school education. He attended Lane College for six months. The only other education he had was vocational training as an automobile mechanic while in high school. The plaintiff's history includes three years employment at Brown Shoe Company operating a machine in the manufacture of shoes. He worked for ten years at Kellwood Plant using a mechanical press to press coats. He then went to work for the defendant, Jimmy Dean Foods, as a "blocker," which is a worker who takes the shoulders and the blade out of a hog using both hands and arms. He was terminated in January of 1997 because he was frequently absent from work. The plaintiff testified that in 1996, he began having swelling, throbbing, and tingling in his hands and arms and felt like little pins were sticking in them. He reported his difficulty to his employer and was ultimately seen by Dr. William Bourland, an orthopedic surgeon. When the plaintiff went to Dr. Bourland, in addition to the difficulty he was having with his hands and arms, his long finger and ring finger on the left hand were locking. He testified that Dr. Bourland operated on his right wrist and "did something" to the two fingers on his left hand. After his surgery, he returned to work at Jimmy Dean, earning a wage equal to the wage he earned before the accident. Since being terminated from Jimmy Dean, plaintiff testified that he has worked at 2