Lindsey v. Strohs Companies

830 S.W.2d 899, 1992 Tenn. LEXIS 222
CourtTennessee Supreme Court
DecidedMarch 2, 1992
StatusPublished
Cited by26 cases

This text of 830 S.W.2d 899 (Lindsey v. Strohs Companies) 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
Lindsey v. Strohs Companies, 830 S.W.2d 899, 1992 Tenn. LEXIS 222 (Tenn. 1992).

Opinion

OPINION

ANDERSON, Justice.

In this worker’s compensation action, the trial court awarded the employee 100 percent permanent and total disability, denied certain past medical expenses, and placed restrictions on future medical expenses. Part of the award was commuted to lump sum and lump-sum attorney’s fees were allowed. The plaintiff appeals pro se, raising numerous issues, not all of which require discussion. Because we find the trial court erred in commuting both the award and attorney’s fees, in the denial of certain past medical expenses, and the limitation of future medical expenses, we reverse in part and affirm in part.

FACTUAL HISTORY

On April 23, 1986, the plaintiff, Edmond L. Lindsey (“Lindsey”), injured his back while employed with the defendant, Strohs Companies, Inc. (“Strohs”), which was insured for worker’s compensation by Aetna Casualty and Surety Company (“Aetna”).

Lindsey reported to the company nurse’s office immediately after his injury, was given some medication, and returned to work. Ten days later, he went to his family physician, told him about his back injury, and was given some muscle relaxants. He took the muscle relaxants for three to four days, but did not receive any significant relief. Since his back was not improving, Lindsey reported to the company nurse’s office to ask about medical care and fill out an accident report. When he inquired about going to see a doctor for his back, he was told that he could go as soon as the company heard from the worker’s compensation carrier.

Because he was in constant pain, Lindsey went to see Dr. Dana Wyatt, a chiropractor, on May 12, 1988. When he informed the company nurse that he was seeing a chiropractor, he was told that the company would not pay for it and that a chiropractor could not get a worker excused from work. Despite being told this, he continued to see the chiropractor for approximately three weeks without improvement.

In June of 1986, Lindsey saw Dr. Paul Williams, an orthopedic surgeon, who treated him until August 14, 1986, and then referred him to Dr. D.J. Canale, a neurosurgeon. Dr. Canale examined him and told him that he would call Strohs and tell them that he could not return to work for one week. Up until that time, he had continued working every day.

After seeing Dr. Canale, Lindsey went to the company’s first aid office and inquired about going to a company doctor. Once again, he was told that he could not go to a doctor until the company heard from the [901]*901worker’s compensation carrier. He was not given a list of company doctors at this time and was told that he would have to go to a doctor on his own.

While he was off from work in late August by order of Dr. Canale, Lindsey received a phone call from a representative of Aetna, who told him that Dr. Canale’s services, including scheduled surgery in early September, would be covered by Aetna. After this conversation, Lindsey began receiving temporary total disability benefits.

Lindsey was admitted to the hospital on September 2, 1987, and surgery for the removal of a herniated disc was performed on his back on September 5th. Dr. Canale released him to return to work, with some restrictions, in January of 1988 and assessed his disability at 10 percent to the body as a whole.

Lindsey returned to work but, in his judgment, he was unable to perform the work. When he expressed his dissatisfaction with Dr. Canale’s treatment, Strohs for the first time provided him with a list of three physicians. He chose Dr. Keener Blake Ragsdale, an orthopedic surgeon. Dr. Ragsdale treated him from January of 1987 to January of 1989 and recommended that he have additional surgery at the site of the previous herniated disc to alleviate some of his pain. He advised him the prospects of success were only fair, and that only 40 percent of his back pain could be eliminated even if the surgery was successful. Dr. Ragsdale also referred him to a number of specialists, each of whom recommended surgery. Lindsey, however, declined to have additional surgery and remained unhappy with his medical care.

Without seeking prior approval from Strohs, Lindsey went to see Dr. Earl C. Mills, a neurologist in Washington, D.C., who also recommended surgery. In addition, Lindsey had an MRI performed in Mobile, Alabama. Lindsey felt that Dr. Canale had made a mistake during the initial surgery, and that none of the doctors would tell him what went wrong because they were all part of a conspiracy to protect Dr. Canale. As a result, it was difficult for him to trust physicians, and he was extremely suspicious of any recommendation for surgery, based on the poor results he felt he had obtained from the first surgery and the chances for a later successful result. Lindsey remains in constant pain and has never returned to work.

TRIAL COURT FINDING

Based on the foregoing, the trial court awarded the plaintiff 100 percent permanent total disability benefits minus temporary total benefits previously paid, with $20,000 of the award and the attorney’s fees to be paid in a lump sum. The award included payment of all past medical expenses, except the chiropractor’s expenses for treatment immediately after the injury and the expenses for treatment in Washington, D.C. and Mobile, Alabama. In addition, the trial court limited payment of the plaintiff’s future medical expenses as follows:

Defendants will pay Dr. Blake Ragsdale or will provide plaintiff with a list of three qualified doctors to choose from, for all necessary visits to monitor the effects of pain medication on plaintiff; for all visits to monitor plaintiff’s physical condition as it relates to his back injury in excess of twice per year visits [sic] or diagnostic tests which must be medically necessary and recommended by plaintiff’s physician, Dr. Ragsdale, or the doctor selected by plaintiff from the list provided by the defendants must have prior approval of defendants or leave of this court upon motion of plaintiff. Plaintiff is hereby allowed up to $50.00 per month for prescriptions prescribed by plaintiff’s physician for his back injury, unless future orders of this court are entered modifying this amount; plaintiff is hereby allowed 1 blood workup per year as directed by his physician in order to monitor the effects of the medication on plaintiff; should plaintiff elect to undergo future back surgery ..., then plaintiff may make application to defendants for payment of this surgery, and if defendants decline payment of this expense, plaintiff is hereby grant[902]*902ed leave to motion this court for a determination of this payment by defendants.

SCOPE OF REVIEW

Our review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn.Code Ann. § 50-6-225(e)(1983 & Supp.1991); Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143, 149 (Tenn.1989). However, if factual issues are not disputed, our review is simply one of law, without regard to the de novo standard of review. McCormick v. Snappy Car Rentals, Inc., 806 S.W.2d 527, 529 (Tenn.1991).

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Bluebook (online)
830 S.W.2d 899, 1992 Tenn. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-strohs-companies-tenn-1992.