Corcoran v. Foster Auto GMC, Inc.

746 S.W.2d 452, 1988 Tenn. LEXIS 9
CourtTennessee Supreme Court
DecidedFebruary 1, 1988
StatusPublished
Cited by83 cases

This text of 746 S.W.2d 452 (Corcoran v. Foster Auto GMC, Inc.) 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
Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 1988 Tenn. LEXIS 9 (Tenn. 1988).

Opinions

OPINION

DROWOTA, Justice.

The issues in this Workers’ Compensation case are (1) whether the Plaintiff-Appellant, Christopher J. Corcoran, carried his burden of proof regarding the permanency of his injury and (2) the determination of the extent of his permanent partial vocational disability. The Defendants are Foster Auto GMC, Inc., and its insurer, Orion Group, Inc.

I.

At the time of his injury, Plaintiff had been working as an automobile mechanic for Defendant for several years. He has a high school equivalent education and is a certified, qualified mechanic specialized in import repair. On July 1, 1985, Plaintiff and a co-worker were removing a hood from a Mazda automobile when the coworker allowed the entire weight of the hood to shift to Plaintiff, who was unable to hold the hood alone. The strain of attempting to support the weight caused Plaintiff to suffer a left inguinal hernia. Plaintiff fell to the floor in severe pain and was immediately taken to the hospital by his supervisor. The following day Plaintiff underwent surgery to repair the hernia. He remained in the hospital for about a week and following his release from the hospital, he was off from work for another two to three weeks. Returning to work in August, 1985, with permanent restrictions on lifting and straining, Plaintiff was unable fully to resume the duties of a mechanic and was assigned to work as a service writer. He was subsequently terminated for reasons not shown in this record. On November 27, 1985, Plaintiff filed the Complaint in this case to recover Workers’ Compensation benefits for a permanent partial disability due to the injury he suffered in the course and scope of his employment.

A hearing was held on July 29, 1986. In addition to describing the circumstances of the accident, Plaintiff testified that he was 33 years old and had worked as an automobile mechanic for over thirteen years. Pri- or to his most recent hernia injury, he had experienced two inguinal hernias on his right side, one in 1979 and another in 1984, which was work-related, but both had been successfully repaired. He also had an umbilical hernia in 1984. None of these prior injuries resulted in any permanent impairment. On the day of his injury, July 1, 1985, he was taken to the hospital and attended by Dr. Alvin E. Laughlin, who performed surgery to repair the hernia on the following day. He stated that his work as a mechanic commonly requires him to lift weights of 25 to 30 pounds and often involves lifting weights exceeding 50 pounds. Some of the tools he must use weigh up to 50 pounds and a few weigh up to 100 pounds. The automobile parts he must repair or replace can reach as much as 100 pounds or more. He estimated that the hood he was lifting on the day of his accident may have weighed up to 40 or 50 pounds. He believed that he lifted items in excess of 30 pounds about 30 to 40 percent of his working time. Further, his work regularly requires him to strain when utilizing his tools and places him in awkward positions that strain his abdomen. After he returned to work, his left hernia caused him problems whenever he lifted much weight or strained. Even a task as relatively simple as cutting grass causes him discomfort and he is not as active as he was prior to the injury. Although several lifting devices were provided at Defendant’s shop, they were not always readily available and were often inefficient to use. Because he was restricted by Dr. Laughlin from heavy lifting, Plaintiff’s supervisor made him a service advisor or writer; his compensation remained unchanged. He was subsequently terminated and has not [455]*455found work since that time, although he has earned some money by buying and selling used cars. Apparently, he still experiences some residual discomfort due to his injury.

Dr. William H. Jenkins, a vocational rehabilitation specialist at Memphis State University with 24 years experience, also testified for Plaintiff. An evaluation of Plaintiff was conducted on June 14, 1986. He classified a mechanic’s job as medium to heavy labor, frequently involving lifting weights in excess of 50 pounds and requiring the worker to have a full and unrestricted range of body movement. In his opinion, given Plaintiff’s medical restrictions on lifting or straining, his ability to work as a mechanic has been significantly compromised, relegating him primarily to jobs outside his skill. Moreover, Plaintiff’s physical impairment has foreclosed competing for jobs in a number of other areas because he cannot lift more than 30 pounds. Consequently, given the limited transferability of his skills and his educational level, Dr. Jenkins believed Plaintiff was qualified primarily for minimum wage employment.

Defendant then called Mr. Lewis Knight, the Defendant’s Service Director, to testify. He hired Plaintiff in 1980. Mr. Knight stated that relatively little of Plaintiff’s time had involved lifting in excess of 30 pounds. Another employee, Mr. Bud McGee, was also called to testify for Defendant. He works as a front-end mechanic. Himself injured with a hernia, Mr. McGee testified that, prior to his injury, he commonly lifted substantial weight in the ordinary course of his work. He described the weights of various automobile parts and tools that are frequently used by mechanics unassisted. Many weigh over 30 pounds. He stated that he now uses lifting devices to assist him due to his hernia injury, but he admitted that his doctor had placed no restrictions on him and that he had only one hernia.

Following this testimony, the trial court continued the case to permit Plaintiff to supplement the proof concerning the lifting requirements of a mechanic’s work. The trial court had expressed skepticism about the amount of weight mechanics were required to lift on a regular basis. The second hearing was conducted on October 7, 1986. Plaintiff called Mr. James Huckaby to testify as an expert. Mr. Huckaby owns his own garage and has 16 years experience as a qualified mechanic. He described the many situations in which mechanics are confronted with lifting weights in excess of 20 to 30 pounds. He corroborated much of the testimony of Mr. McGee and of Plaintiff concerning the necessity to lift substantial weight as a regular part of a mechanic’s work. He also testified that the use of lifting devices is often impractical and inefficient. As an employer, he would not hire a mechanic who had a history of hernias because that person would not be sufficiently productive.

The only medical testimony was introduced through the deposition of Dr. Laugh-lin, whose services had been approved and accepted by Defendants. Dr. Laughlin is a peripheral vascular surgeon. He had never treated or seen Plaintiff prior to July 1, 1985. He stated that Plaintiff’s injury was consistent with the history described by Plaintiff. In view of Plaintiff’s prior hernias, Dr. Laughlin “felt [that] his tissues in [the abdominal] area were weakened and ... he should not do any heavy lifting or straining in the future because ... he would have a tendency to have a recurrence of these hernias as he had already had on the other side.” On July 30, 1985, Dr. Laughlin wrote a letter to Defendants regarding Plaintiff’s restrictions, stating that “[t]here is no heavy lifting on a permanent basis.” Dr. Laughlin did not believe Plaintiff should do any heavy lifting or straining in the future. When asked to attribute a disability impairment rating to Plaintiff, Dr. Laughlin stated that

“I don’t have any idea how to do a disability rating. I wrote this insurance company and I told them I felt like he should not do any heavy lifting or straining in the future....

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Bluebook (online)
746 S.W.2d 452, 1988 Tenn. LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corcoran-v-foster-auto-gmc-inc-tenn-1988.