AUGUST HEDRICK,
v.
PENSKE TRUCK LEASING CORP.
No. W2019-01522-SC-R3-WC
United States District Court, W.D. Tennessee
Supreme Court of Tennessee, Special Workers’ Compensation Appeals Panel, Jackson
June 26, 2020
Session April 20, 2020
Mailed
– May 18, 2020
Appeal
from the Chancery Court for Shelby County No. CH 17-0759-2
Jim Kyle, Chancellor
August
Hedrick suffered injuries to his back and shoulder in the
course of his employment with Penske Truck Leasing
Corporation (“Employer”). The trial court found
that Mr. Hedrick is permanently and totally disabled as a
result of these injuries. Employer concedes that Mr. Hedrick
suffered work-related injuries but argues that the evidence
preponderates against the trial court’s judgment as to
permanent and total disability. The appeal has been referred
to this Panel for a hearing and a report of findings of fact
and conclusions of law pursuant to Tennessee Supreme Court
Rule 51. After reviewing the evidence, we affirm the trial
court’s judgment.
Tenn.
Code Ann. § 50-6-225(e) (2014) (applicable to
injuries occurring prior to July 1, 2014)
Appeal as of Right; Judgment of the Chancery
Court Affirmed
Eugene
S. Forrester, Jr., and Garret M. Estep, Memphis, Tennessee,
for the appellant, Penske Truck Leasing Corp.
Stephen F. Libby, Memphis, Tennessee, for the appellee,
August Hedrick.
Arnold
B. Goldin, J., [1 delivered the opinion of the
court, in which Roger A. Page, J., and Kyle C. Atkins, J.,
joined.
OPINION
Arnold
B. Goldin, Judge
Factual
and Procedural Background
August
Hedrick was born on July 26, 1968 and was 50 years old on the
date of trial. After graduating from high school in 1987, he
took vocational classes in hazardous waste and diesel
mechanics. From 1987 to 1996, he worked as a chemical
operator and was responsible for shipping, receiving, and
storing hazardous waste. From 1996 to 2003, he worked as a
shop technician, an industrial painter, a forklift operator,
and a diesel technician. All of the jobs required heavy
lifting or manual labor.
In
2004, Mr. Hedrick began working as a diesel maintenance
technician for Employer. His work included changing tires,
repairing brakes, and maintaining vehicles. He was required
to lift over 75 pounds, crawl under trucks, bend, squat,
climb, and perform overhead work. On May 16, 2014, Mr.
Hedrick was rolling two large truck tires in a rainstorm when
one tire rolled away. As he tried to grab the tire, he lost
his balance, was pinned to the ground by the tire, and felt
pain in his lower back and right shoulder.
Mr.
Hedrick was examined by Dr. Rodney Olinger, a neurosurgeon at
the Semmes-Murphy Clinic in Memphis, and subsequently
underwent a microdiscectomy to repair a herniated disc in his
lower back at ¶ 5-S1 on September 24, 2014. Following a
recurrence of the herniation, he underwent a second back
surgery by Dr. Olinger on October 10, 2014. When Mr. Hedrick
continued to have pain and other symptoms, Dr. Olinger
referred him to one of his partners at the Semmes-Murphy
Clinic, Dr. Todd Fountain, a neurosurgeon specializing in
complex spine surgery. Dr. Fountain performed a lumbar fusion
on Mr. Hedrick’s back on October 14, 2015. When Mr.
Hedrick continued to have pain following the lumbar fusion,
he was referred to Dr. Dennis McCoy for pain
management.2 In addition to the procedures on his back,
Mr. Hedrick was treated for his right shoulder injury and
ultimately underwent surgery to repair a torn right rotator
cuff in February of 2015.
Before
these injuries, Mr. Hedrick worked at jobs involving heavy
lifting and manual labor. He enjoyed racing cars, playing
basketball, exercising, and playing with his children. He now
has pain in his back that radiates down his left hip and left
leg. He suffers from the loss of strength in his shoulder and
a decreased range of motion. He takes pain medication three
times a day, and he uses a back brace and a cane. He has
trouble lifting, carrying, bending, crawling, standing,
sitting, and walking. He has limited computer experience and
no word processing skills. Mr. Hedrick testified at trial
that he can no longer perform any of his prior jobs.
Dr.
Greg Cates, plaintiff’s vocational rehabilitation
expert, testified that he interviewed Mr. Hedrick on March
15, 2017, and he analyzed Mr. Hedrick’s “loss of
job opportunity or vocational opportunity as a result of his
injury and treatment.” According to Dr. Cates, Mr.
Hedrick has a history of doing medium and heavy work and does
not have the skills to perform sedentary work. Although he
did not perform labor market research, Dr. Cates opined that
Mr. Hedrick has “no transferable job skills” and
cannot perform a...
