Singleton v. Procon Products

788 S.W.2d 809, 1990 Tenn. LEXIS 174
CourtTennessee Supreme Court
DecidedApril 23, 1990
StatusPublished
Cited by8 cases

This text of 788 S.W.2d 809 (Singleton v. Procon Products) 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
Singleton v. Procon Products, 788 S.W.2d 809, 1990 Tenn. LEXIS 174 (Tenn. 1990).

Opinion

OPINION

FONES, Justice.

This is a workers’ compensation appeal in which the employer challenges the trial court’s findings that the employee sustained an injury arising out of and in the course of employment and that she sustained a ten percent permanent partial disability. The employer argues that the evidence indicates that the injury sustained was caused by an accident unrelated to employment. Also, the employer urges this Court to find that the medical testimony was insufficient to support a finding of a permanent injury. We affirm the finding of a work-related injury, but reverse the finding of a permanent injury.

Mrs. Peggy Sue Singleton has worked for Procon Products (hereinafter “Procon”) since March of 1981. On 13 February 1986, she slipped and fell on Procon’s icy parking lot. This injury to her back arose out of and in the course of her employment. Singleton was taken to the hospital that day, and she spent the next two weeks there. Her husband testified at trial that he observed changes in her walk after this injury. Also, Singleton had difficulty riding in automobiles for long distances and moving furniture. She incurred many medical expenses due to this injury. Singleton returned to work eight weeks after the fall and performed “light” work.

On 20 July 1986, Singleton slipped and fell at a grocery store. This injury forced Singleton to miss work until 11 August 1986. When asked about this injury’s effect on her overall physical movement, Singleton’s husband testified that he observed no difference in her movement before and after this second fall.

At trial, the only medical evidence consisted of Dr. Lawrence P. Laughlin’s deposition. Dr. Laughlin, an orthopedic surgeon, first examined Singleton on 22 October 1987. He stated, “She came in com[810]*810plaining of back pain, reporting that she fell about two years ago [the deposition was taken on 3 May 1988], on the ice, injuring her back.” On direct examination, Dr. Laughlin testified, “Movement in the back was, perhaps 90 percent of normal, with some tenderness over the lumbosacral junction and buttocks on the left.”

Dr. Laughlin further testified, “It is my opinion she will retain a permanent physical impairment of zero to five percent.” On cross examination, Dr. Laughlin was asked to explain his impairment rating; the transcript reads as follows:

Q. Doctor, you gave her an impairment rating of zero to five percent. Now, the zero percent would be that she would have no permanent impairment; is that correct?
A. Yes, ma’am, that’s correct.
Q. So you don’t really know whether or not she is going to have any permanent impairment.
A. No ma’am, I do not.
Q. All right. Do you anticipate that she will have continued problems with her back?
A. I don’t really know the answer to that question. I do know that over the period of eight months, I saw her on several occasions, really as a result of really what you and I would call trivial injuries, with the problem with her back. So it’s possible that she could have back problems.

Dr. Laughlin stated that the only objective symptom that Singleton possessed was a muscle spasm. Also, the doctor did not place any work restrictions on Singleton.

In its order of judgment, the trial court found that the accident and injuries complained of by Singleton arose out of and in the course of employment. As a result, the judge awarded temporary total disability benefits and reimbursement for medical expenses. The judge also held that Singleton sustained a permanent partial disability of ten percent to the body as a whole.

In its appeal, Procon challenges the lower court’s finding that Singleton’s disability arose out of and in the course of employment. Specifically, Procon argues that the evidence is insufficient to prove that the work-related accident caused the disability. The two accidents involved are similar in several respects; both occurred in 1986 and both were apparently the result of slipping on ice. There is little evidence in the record concerning the second fall. On cross examination, Singleton testified:

Q. You had a subsequent fall after you fell in the parking lot at Procon, didn’t you?
A. Yes.
Q. You fell at Kroger’s?
A. Yes, ma’am.
Q. In some ice, in July of 1986; is that correct?
A. Yes, ma’am.
Q. I think the ice machine had leaked and you fell; is that right?
A. Yes, ma’am.

Singleton’s husband testified:

Q. Are you aware of a fall that she had in July of ’86 at Kroger’s?
A. Yes, I believe it involved a pool of water or something there at the store. I wasn’t on the scene when she fell, but I was told about it.

Singleton’s causation argument is based upon Dr. Laughlin’s testimony. In response to a question about Singleton’s history, Dr. Laughlin stated that she fell “on the ice injuring her back.” He also testified that her complaints and symptoms were consistent with her report that “she had fallen on the ice.” Neither party asked the doctor about which fall on the ice he was speaking; in fact, it is not shown that the doctor even knew that there were two falls. Thus, the doctor’s testimony is not explicitly clear about which fall he testified was the cause of the disability. The trial court must have concluded that the doctor’s testimony was based upon the fall at Procon.

There was lay testimony supporting this interpretation of the doctor’s deposition. In P & L Construction Co., Inc. v. Lankford, 559 S.W.2d 793, 794 (Tenn.1978), this Court held:

[811]*811In a workmen’s compensation case, a trial judge may properly predicate an award on medical testimony to the effect that a given incident “could be” the cause of the plaintiffs injury, when he also has before him lay testimony from which it may reasonably be inferred that the incident was in fact the cause of the injury.

Plaintiff’s husband testified that he saw a physical difference in Plaintiff’s movements after the first fall, but not after the second fall. His testimony was as follows:

Q. Subsequent to February 13, 1986, can you tell us whether you saw her walk like that after the emergency room and if you did how often would you see her walk in a bent over manner?
A. There was [sic] periodic times where I would have to help her out of bed.... I mean, you know, she would walk as if she was in pain in her back, stooped you know.
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Q. Based upon your observations of her, could you tell any difference between the way she would walk, the way she would physically move and act before the fall at Kroger and after the fall at Kroger?
A. No, sir.

After hearing the testimony, the trial judge found that the work-related fall at Procon caused the disability.

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Cite This Page — Counsel Stack

Bluebook (online)
788 S.W.2d 809, 1990 Tenn. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-procon-products-tenn-1990.