Anderson v. Westfield Group

259 S.W.3d 690, 2008 WL 11332129, 2008 Tenn. LEXIS 532
CourtTennessee Supreme Court
DecidedAugust 12, 2008
DocketM2006-01571-SC-WCM-WC
StatusPublished
Cited by28 cases

This text of 259 S.W.3d 690 (Anderson v. Westfield Group) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Westfield Group, 259 S.W.3d 690, 2008 WL 11332129, 2008 Tenn. LEXIS 532 (Tenn. 2008).

Opinion

OPINION

CORNELIA A. CLARK, J.,

delivered the opinion of the court,

in which JANICE M. HOLDER, GARY R. WADE, and WILLIAM C. KOCH, JR., JJ„ and FRANK F. DROWOTA, III, Sp. J., joined.

This workers’ compensation appeal involves an employer’s liability for medical benefits stemming from injuries that occurred subsequent to an original compen-sable injury. Following a 2001 work-related injury to his elbow, the employee and his employer settled the employee’s claim for workers’ compensation benefits. The settlement obligated the employer to pay future medical bills resulting from the elbow injury. Shortly after undergoing cor *693 rective surgery on the injured elbow in 2004, the employee burned his hand while cooking at home. While recuperating from the burn to his hand, he suffered additional injuries to his hand in a fall near his sister’s home. The employee filed a petition seeking to recover medical expenses for these two injuries to his hand on the basis that the medical expenses associated with these injuries were the direct and natural consequence of the original work-related injury to his elbow. The trial court found that the medical expenses sought by the employee were the result of intervening causes, namely the employee’s own negligence, and denied the petition. The Special Workers’ Compensation Appeals Panel reversed, finding that the subsequent injuries were the direct and natural consequence of the original compensable injury and that there were no intervening causes. Upon review of the record and applicable law, we hold that the injuries to the employee’s hand were due to his own negligence, and therefore, the employer is not required to pay the medical bills associated with those injuries. Accordingly, we reverse the Panel’s decision and affirm the judgment of the trial court.

Factual and Procedural Background

The record before us reveals that the employee, Billy Anderson, age forty-five at the time of trial, worked for the employer, RBM Welding Steel. On December 6, 2001, while performing his duties for RBM Welding Steel, the employee suffered a work-related fracture to his left elbow. 1 He subsequently had surgery to “reduce the fracture and make it nondisplaced.” Following a period of recovery, the employee was released to return to work with instructions to wear a brace on his elbow. Thereafter, he resumed his duties with the employer.

On August 18, 2003, the employee and the employer’s workers’ compensation insurance carrier, Westfield Group, reached a settlement of 44% permanent disability to the employee’s left arm based on the 2001 injury. The settlement provided that the employer’s insurer would pay “reasonable, necessary, authorized and compensa-ble future medical benefits” stemming from the compensable elbow injury. 2 The settlement agreement designated the employee’s treating orthopedic surgeon, Dr. Douglas Freels, as the authorized physician for future medical treatment arising from the elbow injury.

Ten months after the settlement, in June 2004, the employee returned to see Dr. Freels complaining of pain and decreased range of motion in his left elbow. Following a CT scan and an MRI which revealed “loose bodies” in the employee’s elbow, Dr. Freels performed a second surgery on October 26, 2004, to remove bone fragments from the elbow. When the employee awoke from the surgery, he immediately noticed that he had no feeling in two fingers on his left hand. 3 According to *694 Dr. Freels-the only medical expert to testify in this case-the numbness in the employee’s fingers was due to an ulnar nerve injury, a complication of the second surgery. 4 The employee had limited loss of sensation in his fingers prior to the second surgery, but the second surgery resulted in a marked increase in loss of sensation, leaving two fingers completely numb.

In December 2004, approximately six weeks after undergoing the second surgery on his elbow, the employee was cooking hamburgers at home when he dropped the skillet and hamburgers on the floor. He was using his right hand to cook because his left arm was still bandaged from surgery and needed to be propped up. As he bent over to retrieve these items, he placed his left hand on what he thought was the edge of the stove in order to help keep his balance. Bent over to the floor, he smelled his hair and skin burning. Standing up, he realized he had placed his left hand on the hot burner of the stove. Due to the numbness in his fingers, he felt no pain as his flesh burned, and he sustained a severe burn to his little finger. The next day, he went to see Dr. Freels. Dr. Freels initially treated the burn conservatively, but the employee’s finger failed to heal due to the severity of the burn. According to the employee, his finger was “rotting off.” As the employee’s skin deteriorated, the bone in his finger became exposed. On February 15, 2005, Dr. Freels amputated part of the little finger and placed a skin graft on the remaining part of the finger.

The employee moved in with his sister while recovering from the amputation and skin graft surgery. On February 24, 2005, the employee decided to take a walk by a creek near his sister’s house after it had just stopped raining. When he attempted to step over a wet log, he slipped and fell. His left hand struck a tree. The fall caused the recent skin graft on his finger to burst open. The employee returned to Dr. Freels, who referred him to a plastic surgeon. The plastic surgeon performed an additional surgery, removing the first skin graft and then sewing the remaining part of the little finger to the ring finger to permit skin to grow over the site of the amputation. At the time of trial, the employee’s two fingers were still sewn together.

Relying upon the terms of the parties’ 2003 settlement agreement, the employee filed a petition seeking payment of medical benefits arising from the burn and fall injuries to his hand. 5 The employer denied responsibility for these injuries, asserting that the injuries to the employee’s hand did not arise out of his employment and were not a direct and natural consequence of the original compensable injury to his elbow.

Following an evidentiary hearing at which the employee was the only in-court witness, the trial court denied the employee’s petition on the basis that the burn and fall injuries to his hand were the result of independent intervening causes, specifically his own negligence. The Special Workers’ Compensation Appeals Panel reversed. Based upon Dr. Freels’s opinion that the numbness in the employee’s hand resulted from the second elbow surgery, which in turn resulted from the original work-related elbow injury, the Panel con- *695 eluded that the injuries to the employee’s hand were the direct and natural consequence of the prior work-related injury. Accordingly, the Panel found that the employer was liable for the medical expenses relating to the burn injury and the subsequent fall over the log.

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Cite This Page — Counsel Stack

Bluebook (online)
259 S.W.3d 690, 2008 WL 11332129, 2008 Tenn. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-westfield-group-tenn-2008.