Atchley v. Life Care Center of Cleveland

906 S.W.2d 428, 1995 Tenn. LEXIS 500, 1995 WL 520993
CourtTennessee Supreme Court
DecidedSeptember 5, 1995
DocketNo. 03S01-9312-CH-00077
StatusPublished
Cited by2 cases

This text of 906 S.W.2d 428 (Atchley v. Life Care Center of Cleveland) 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
Atchley v. Life Care Center of Cleveland, 906 S.W.2d 428, 1995 Tenn. LEXIS 500, 1995 WL 520993 (Tenn. 1995).

Opinion

OPINION

DROWOTA, Justice.

We granted review of the Special Workers’ Compensation Appeals Panel decision pursuant to Tenn.Code Ann. § 50-6-225(e)(5)(A), in order to determine, inter alia, whether the provisions contained in Tenn.Code Ann. § 50-6-241(a)(l) [the multiplier statute], limiting an employee’s permanent partial disability award to two and one-half (2½) times the medical impairment rating in cases in which the pre-injury employer returns the employee to employment at a wage equal to or greater than the wage the employee was receiving at the time of the injury, apply to injuries involving scheduled members.

FACTS AND PROCEDURAL HISTORY

The plaintiff, Misty Atchley, brought suit against the defendant, Life Care Center of Cleveland (Life Care), for workers’ compensation benefits growing out of a work related injury received November 28,1992. Plaintiff was employed by Life Care as a nursing assistant. While making the bed of a patient, she was injured when she hit her right knee against a bed rail and knocked her knee out of joint. She was taken by ambulance to Bradley Memorial Hospital’s emergency room where the doctors relocated her knee and released her.

The plaintiff had a congenital defect in the cap of her right knee. The knee cap was misaligned and did not cover the front of the knee, but lay somewhat to the side, making the knee prone to come out of joint as it had done on two previous occasions, once while she was swimming in 1988 and again in 1989 while she was dancing.

About a week after the accident occurred, the plaintiff went to see Dr. William Donaldson, an orthopedic surgeon in Chattanooga. He stated that plaintiff had a “recurrent dislocation of the right patella, or knee cap.” [429]*429This condition of the knee cap, as described by Dr. Donaldson, was not the result of the accident of November 28 but was a congenital condition which made the knee prone to come out of joint. This condition can be corrected by arthroscopic surgery. Dr. Donaldson testified that plaintiff had noticeable medial retinaculum tenderness on the inner side of the knee cap. He took x-rays and concluded that the plaintiff might be helped by a surgical procedure, “arthroscopic lateral release.” He did not recommend surgery on the initial visit; however, in February he did recommend surgery. In explaining his recommendation, Dr. Donaldson said: “Well, this wasn’t a first time dislocation- I’m talking about third frank dislocation, not just a mild halfway dislocation or subluxation. That was not likely to improve significantly with conservative care with bracing and therapy and muscle reeducation. She actually had a significant amount of muscular atrophy even by that time. So I felt at that point that, at least by March of 1993, after a couple of follow-up visits, that surgery was what was indicated.”

The surgery was performed in March, 1993. Dr. Donaldson testified the plaintiff tolerated the surgery very well. He said, “The patient did have a dramatic reduction in partello femoral joint angle. Things looked better. Her knee cap looked more well aligned.” He further stated: “She might need a later imbrication, or advancement of that part of the muscle onto the patella, which would have to be an open procedure.” He further testified: “This would be related to the outcome she got from our surgical procedure.”

The trial court found plaintiff sustained an injury arising out of and in the scope and course of her employment with the defendant. The plaintiff was awarded eight weeks temporary total disability benefits, all medical expenses and permanent partial disability of 25% to the right leg.

The employer appealed, alleging (1) that plaintiffs surgery was not compensable and (2) that the award of 25% permanent partial disability to the lower right extremity was excessive. The case was referred to a Special Workers’ Compensation Appeals Panel for findings of fact and conclusions of law pursuant to Tenn. Code Ann. § 50-6-225(e)(3). The Special Panel found the surgery compensable; however, it found the award of 25% disability to plaintiffs right extremity to be excessive and reduced the award to 5%.

ANALYSIS

A.

We agree with the Panel’s conclusion that plaintiffs surgery was compensable. We also agree with the Panel’s findings and conclusions as to plaintiffs disability. The Panel found as follows:

Although Dr. Donaldson did not base his opinion on the AMA guidelines, he estimated the Plaintiff had a permanent anatomical disability of 1% to 2%. Based on the recurrent tendency of the right knee to become dislocated, he gave a 15% to 20% impairment to the right extremity. The basis of his 1% to 2% disability was founded on the fact that each time the knee became dislocated it makes it more susceptible to becoming dislocated again. The only restriction Dr. Donaldson placed on the Plaintiff’s activities was ‘no repetitive squatting or lifting heavy objects with the knee flexed.’
[[Image here]]
In the case at bar, the trial court made no findings of fact on which he based his award of 25% permanent partial disability to Plaintiffs right extremity. He only made the conclusionary statement: ‘[A]nd assesses 25 percent to the extremity.’ We find the record fails to support such an award.
[[Image here]]
After the accident, Plaintiff returned to work with Life Care. She remained in that employment until she voluntarily quit. After leaving Life Care she returned to the job as cashier for Food Max, which is the same job she held prior to going to work for Life Care. She works only 20 to 24 hours per week, but that is because she is going to college. The record is devoid of any proof that the Plaintiff has suffered [430]*430any vocational disability beyond the 1% to 2% attributed to her by Dr. Donaldson. The judgment of the chancellor is modified to award the Plaintiff 5% permanent partial disability instead of 25% disability to her right leg.

The record consists of the testimony of the plaintiff and the deposition of Dr. Donaldson. Dr. Donaldson stated that only one to two percent of his impairment rating was related to the dislocation which occurred while she was working for Life Care. From our review of the record, we concur with the above findings and conclusions of the Panel.

B.

The Panel, however, did not stop with the above findings of fact and conclusions of law but stated in its final paragraph that:

There is also another compelling reason why the award of 25% disability cannot stand. The accident occurred on November 28, 1992. Tenn.Code Ann. § 50-6-241 (1993 Sup.) became effective as to injuries arising after August 1, 1992. Since Plaintiff returned to full employment with Life Care 10 days after her surgery, her recovery cannot exceed 2.5 times her medical impairment rating.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Layman v. Vanguard Contractors, Inc.
183 S.W.3d 310 (Tennessee Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
906 S.W.2d 428, 1995 Tenn. LEXIS 500, 1995 WL 520993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atchley-v-life-care-center-of-cleveland-tenn-1995.