TENNESSEE BUREAU OF WORKERS' COMPENSATION 

IN THE COURT OF WORKERS' COMPENSATION CLAIMS 

AT GRAY 

JAMES HUGHES, 

Employee, 

v. 

KENNAMETAL, INC., 

Employer, 

And 

SENTRY INSURANCE COMPANY, 

Carrier. 

) Docket No.: 2017-02-0604 

) 

) 

) State File No.: 44387-2016 

) 

) 

) Judge Lisa A. Lowe 

) 

COMPENSATION HEARING ORDER 

This matter came before the Court for a Compensation Hearing on June 12, 2018. The 

parties stipulated that Mr. Hughes sustained a work-related lung injury on June 13, 2016. The 

issue is permanent disability benefits and whether Mr. Hughes is limited to recovering his 

original award or is entitled to permanent total disability benefits. 1 For the reasons below, this 

Court finds that Mr. Hughes established by a preponderance of the evidence that he is only 

entitled to his original award. 

History of Claim 

Kennametal employed Mr. Hughes as a coding operator. On June 13, 2016, while 

changing gases, gas containing hydrogen chloride escaped from the system and sprayed Mr. 

Hughes' face. Because he inhaled hydrogen chloride, he went to the emergency room, was 

admitted to the hospital, and remained in the intensive care unit for three days. 

The authorized physician, Dr. Jeff Farrow, placed Mr. Hughes at maximum medical 

1 The parties stipulated that Mr. Hughes' initial compensation period expired after the Compensation Hearing 

on June 19, 2018. Since the compensation period had not expired at the time of the hearing and Kennametal 

would not stipulate that he would not be working for any employer on June 19, the Court is unable to address 

Mr. Hughes' entitlement to enhancement factors and/or extraordinary relief. The parties agreed he has until 

June 19, 2019, to pursue a claim for increased benefits and/or extraordinary relief. 

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improvement (MMI) on September 22, 2016, and he assigned a pennanent impainnent rating 

of 20% percent and permanent restrictions of an environment free of excessive heat and/or 

chemicals. 

Initially, Dr. Farrow prepared a September 27, 2016 letter stating Mr. Hughes had 

significant limitations precluding him from seeking gainful employment in an exertional 

activity job and that he should pursue a sedentary job in a clear air environment with no 

extreme temperatures. Mr. Hughes attempted to return to work but had some breathing 

difficulties. On November 7, Dr. Farrow wrote a letter clarifying that he recommended a 

working temperature ranging from 68-72 degrees. He also noted, "it's my understanding 

getting to and from his workstation is a problem, as he has to walk through areas of poor air 

quality. If accommodations could be made, this would be of great benefit to him." On 

November 17, Dr. Farrow wrote that it was his advice that Mr. Hughes choose a different 

profession rather than returning to work at Kennametal. During his deposition, Dr. Farrow 

explained the restrictions: "We talked about finding some other option for him, that he could 

pursue gainful employment. Because of his exposure to that environment [Kennametal] was 

clearly keeping him sick, if not making him worse." Dr. Farrow also mentioned that Mr. 

Hughes might have problems around smoke, perfume, and colognes. 

Mr. and Mrs. Hughes' Testimony 

Mr. Hughes testified that he has a special education diploma. He is unable to read or 

perform math because he has dyslexia. Mr. Hughes explained that his activities are severely 

restricted because of his temperature limitations, and he has difficulty breathing when 

exposed to perfumes or colognes. He stated that when he attempted to return to work at 

Kennametal, walking through the plant to get to the office area caused him breathing 

difficulties. Mr. Hughes used his rescue inhaler several times and his nebulizer to administer 

a breathing treatment during a break. He had to stay in bed the next day. 

Mr. Hughes testified he is restricted to bed for two to three days due to breathing 

difficulties if exposed to extreme temperatures, dust, or perfume/cologne. He further stated 

he has not looked for other work and could not maintain a job, since his attendance would be 

unreliable because he never knows when his breathing condition will restrict his functioning 

or he will encounter someone wearing perfume/cologne. To determine if he could work in 

retail, Mr. Hughes tried to operate the cash register at the pharmacy where his wife works, 

but he was unsuccessful due to his dyslexia. 

Mrs. Hughes testified her husband wanted to return to work, but he had to stay in bed 

after attempting to do so. She checks the air quality alerts daily to determine whether he can 

go outside. Mrs. Hughes verified Mr. Hughes' difficulties with reading and writing, and that 

he was unsuccessful in his attempt to operate a cash register. Mrs. Hughes also said his health 

has not improved since the accident, and he has more bad days than good. 

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Vocational Experts' Testimony 

Dr. Hankins performed a vocational evaluation. He interviewed and tested Mr. 

Hughes, reviewed medical reports, and performed an occupational analysis. Dr. Hankins also 

wrote Dr. Farrow seeking clarification about lifting, sitting, and standing restrictions and 

relied on his response in forming his opinion. Dr. Hankins testified that ifhe only considered 

Dr. Farrow's restrictions, Mr. Hughes retains a 53%-63% vocational disability. However, 

coupling Dr. Farrow's restrictions with Mr. Hughes' self-assessment, Dr. Hankins surmised 

Mr. Hughes is permanently and totally disabled. 

Dr. Galloway perfonned a vocational evaluation at Kennametal's request. He similarly 

performed an interview and tested Mr. Hughes, reviewed medical reports, and perfonned an 

occupational analysis. Dr. Galloway assessed his vocational disability at 50%. However, ifhe 

considered Dr. Farrow's response to Dr. Hankins about the additional restrictions, he agreed 

that Mr. Hughes retains a 53%-63% vocational disability. 

Findings of Fact and Conclusions of Law 

At a Compensation Hearing, Mr. Hughes must establish all elements of his claim by a 

preponderance of the evidence. Tenn. Code Ann. § 50-6-239(c)(6) (2017). 

Permanent Total Disability Benefits 

Mr. Hughes seeks permanent total disability benefits. Tennessee Code Annotated 

section 50-6-207( 4 )(B) provides: "When an injury ... totally incapacitates the employee 

from working at an occupation that brings the employee an income, the employee shall be 

considered totally disabled[.]" The assessment of permanent total disability is based on 

numerous factors, including the employee's skills and training, education, age, local job 

opportunities, and the capacity to work at the kinds of employment available in the disabled 

condition. Roberson v. Loretto Casket Co., 722 S.W.2d 380, 384 (Tenn. 1986). Although a 

rating of anatomical disability by a medical expert is also one of the relevant factors, "the 

vocational disability is not restricted to the precise estimate of anatomical disability made by 

a medical witness." Henson v. City of Lawrenceburg, 851S.W.2d809, 812 (Tenn. 1993). In 

addition, the employee's "own assessment of [his] physical condition and resulting disability 

is competent testimony that should be considered[.]" Mcllvain v. Russell Stover Candies, 

Inc., 996 S.W.2d 179, 183 (Tenn. 1999). 

Here, the vocational experts disagreed about the extent of Mr. Hughes' vocational 

disability. Dr. Hankins stated that he retains a 53% to 63% vocational disability when taking 

into account his physical capacity and other vocationally relevant factors. He further 

surmised that Mr. Hughes is totally disabled, considering the subjective factors as well. Dr. 

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Galloway found that Mr. Hughes sustained 50% vocational disability but did not dispute Dr. 

Hankins' 53%-63% ratings when factoring in Dr. Farrow's response letter about lifting, 

sitting, and standing. However, he did not find Mr. Hughes totally disabled. 

Mr. Hughes believes he is permanently and totally disabled because he would not be a 

reliable and dependable employee, since he never knows when his condition will confine him 

to bed rest. However, Dr. Farrow never stated that Mr. Hughes was unable to perform any 

work at all. While Mr. Hughes testified he attempted to operate a cash register, he 

acknowledged that he has not sought work since November 1, 2016. In fact, he applied for 

social security disability benefits. The issue is that Mr. Hughes did not attempt to work 

anywhere after leaving Kennametal. 

The Appeals Board addressed a similar situation in Duignan v. Stower 's Mach. Corp., 

2018 TN Wrk Comp. App. Bd. LEXIS 25 (May 29, 2018). In Duignan, the employee did not 

seek employment because he "listened to his body" and feared re-injury. The Board held that 

a finding of permanent total disability would require speculation, since then employee made 

no effort to determine his options in the open labor market consistent with his restrictions. In 

further support of its ruling, the Board noted neither medical expert indicated he was unable 

to work. When considering only the permanent medical restrictions and not his selfassessment, the Appeals Board held the employee was 75% vocationally disabled. 

Similarly, although Dr. Farrow did not restrict him from working, Mr. Hughes has not 

attempted to find work within his restrictions. Additionally, without considering Mr. Hughes' 

self-assessment, the vocational proof established jobs are available that fit within his 

restrictions. Therefore, the Court concludes that, while his employment options are 

significantly limited, they are not totally limited. The Court holds Mr. Hughes did not 

establish by a preponderance of the evidence that his lung injury totally incapacitated him 

from working at any job that brings an income. Thus, the Court denies Mr. Hughes' claim for 

permanent total disability benefits. 

Permanent Partial Disability Benefits (PPD) 

The parties stipulated that Mr. Hughes is entitled to permanent partial disability 

benefits. They agreed his original award equates to $55,042.20 ( 450 weeks x 20% = 90 

weeks x $611.58). The parties further stipulated that Kennametal overpaid temporary 

total disability (TTD) benefits for 6.5 weeks in the amount of$3,975.27, which should be 

credited against the PPD award, reducing it to $51,066.93. 

After careful consideration of the record as a whole, this Court concludes Mr. Hughes 

failed to establish by a preponderance of the evidence that he is permanently and totally 

disabled and is only entitled, at this time, to his original award of$51,066.93. 

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IT IS, THEREFORE, ORDERED as follows: 

1. Mr. Hughes is entitled to ongoing medical benefits with Dr. Farrow. 

2. The amount of permanent disability benefit is$ $611.58 per week. 

3. Under Tennessee Code Annotated section 50-6-207(3), Mr. Hughes is entitled to 450 

weeks times his impairment rating, which equates to $$55,042.20, less the TTD 

overpayment of$3,975.27, for an original award of$51,066.93 in permanent partial 

disability benefits. 

4. Mr. Hughes has until June 19, 2019, to pursue increased benefits and/or extraordinary 

relief. 

5. Mr. Hughes' attorney is entitled to a fee of twenty percent of the permanent partial 

disability award for a total of $11,008.44, plus reasonable expenses. He may file an 

application for approval of the proposed fee under Tennessee Code Annotated section 

50-5-226. 

6. The filing fee for this cause is taxed to Kennametal under Rule 0800-02-21-.07 of the 

Tennessee Compilation Rules and Regulations. 

7. Kennametal shall file a Statistical Data form (SD-2) within ten business days of entry 

of this Order. 

8. Absent an appeal, this Order shall become final thirty calendar days after entry. 

ENTERED July 10, 2018. 

LISA A. LOWE, JUDGE 

Court of Workers' Compensation Claims 

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APPENDIX 

Exhibits: 

1) Independent Vocational Evaluation Report of A. Bentley Hankins 

2) Vocational Evaluation Report of Michael Galloway 

3) Deposition of James Hughes 

4) Deposition Transcript of Michael Murphy 

5) Deposition Transcript of Eric Ragsdale 

6) Deposition Transcript of Jeffrey R. Farrow, M.D. with attached Exhibits 

7) Correspondence from Jeffrey R. Farrow, M.D., September 27, November 7, 

November 17, 2016 

8) First Report of Work Injury 

Technical record: 

1) Petition for Benefit Determination 

2) Dispute Certification Notice 

3) Request for Expedited Hearing 

4) Employer's Motion to Strike Request for Expedited Hearing 

5) Order Denying Employer's Motion to Strike Expedited Hearing 

6) Pre-Expedited Hearing Statement of Employer 

7) Pre-Expedited Hearing Statement of Employee 

8) Employee's Notice of Intent to Use Standard Form Medical Report of Treating 

Physician, Jeff R. Farrow, M.D., instead of Deposition 

9) Order 

10) Scheduling Hearing Order, October 10, 20 I 7 

11) Agreed Order Continuing Compensation Hearing 

12) Scheduling Hearing Order, January 31, 2018 

13) Joint Pre-Compensation Hearing Statement 

14) Initial Joint Stipulation of the Parties 

15) Employee's Witness and Exhibit List 

16) Pre-Compensation Hearing Brief of the Employer 

17) Witness and Exhibit List of the Employer 

18) Employer's Notice of Filing Trial Exhibits 

19) Employee's Compensation Hearing Brief 

20) Employee's Notice of Filing Trial Exhibits 

21) Post-ADR Dispute Certification Notice 

Stipulated Findings of Facts of the Parties: 

1) The date of Mr. Hughes' injury is June 13, 2016. 

2) Mr. Hughes gave notice of the injury to Kennametal on June 13, 2016. 

3) Mr. Hughes sustained an injury by accident arising primarily out of and in the course 

and scope of employment with Kennametal. 

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4) Mr. Hughes is fifty-one years of age and a resident of Washington County. 

5) Mr. Hughes has completed the Ii11 grade and has obtained a high school diploma. 

6) Mr. Hughes received authorized medical treatment for the injury with Dr. Jeffrey 

Farrow. 

7) All medical expenses were or will be paid by Kennametal or Sentry Insurance 

Company. 

8) Mr. Hughes reached MMI on September 22, 2016. 

9) Mr. Hughes received temporary disability benefits. 

10) Temporary total disability benefits were paid from June 14, 2016, to November 6, 

2016, in the amount of$12,23 l.60. There is a 6.5 week TTD overpayment in light of 

the September 22, 2016 MMI Date. The overpayment is $3,975.27, which should be 

credited against the PPD award. 

11) No temporary partial disability benefits were paid or owed. 

12) Mr. Hughes has not returned to work for Kennametal, or any other employer, 

earning the same or greater wages as Mr. Hughes was earning prior to the injury. 

13) Mr. Hughes' average weekly wage is $917.32, which entitles Mr. Hughes to a 

weekly compensation rate of $611.58. 

14) The permanent anatomic impairment rating is 20% to the body as a whole. 

15) Value oflnitial Compensation (Original Award) is $55,0042.20 (450 weeks x 20%) 

x $611.58 = 90 weeks x $611.58 = $55,042.20. 

16) Maximum value of Permanent Total Disability would equal 884 weeks. 

17) Mr. Hughes is entitled to future medical benefits with authorized treating physician, 

Jeffrey R. Farrow, M.D. 

18) The initial compensation period expires on June 19, 2018. 

Stipulated onclusion 

1) This claim is governed by the Workers' Compensation Law for the state of Tennessee. 

2) An employment relationship existed between Mr. Hughes and Kennametal, Inc. at all 

relevant times. 

3) Mr. Hughes provided proper, statutory notice of the injury. 

4) Mr. Hughes filed the Petition for Benefit Determination within the applicable statute 

of limitations. 

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CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the Compensation Hearing Order was 

sent to the following recipients by the following methods of service on July 10, 2018. 

Name Certified Via Via Service sent to: 

Mail Fax Email 

Jeffrey C. Taylor, x jeff@taylorlawfirmtn.com 

Employee's Attorney 

Michael L. Haynie, x MHaynie@manierherod.com 

Employer's Attorney 

wc.courtclerk@tn.gov 

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