Bryant v. Genco Stamping & Mfg. Co., Inc.

33 S.W.3d 761, 2000 Tenn. LEXIS 684, 2000 WL 1804339
CourtTennessee Supreme Court
DecidedDecember 11, 2000
DocketM1999-01762-SC-WCM-CV
StatusPublished
Cited by53 cases

This text of 33 S.W.3d 761 (Bryant v. Genco Stamping & Mfg. Co., 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
Bryant v. Genco Stamping & Mfg. Co., Inc., 33 S.W.3d 761, 2000 Tenn. LEXIS 684, 2000 WL 1804339 (Tenn. 2000).

Opinion

OPINION

BARKER, J.,

delivered the opinion of

the court,

in which ANDERSON, C.J., DROWOTA, and HOLDER, JJ., joined. BIRCH, J., not participating.

The sole issue in this case is whether Tennessee Code Annotated section 50-6-208(a) applies to a pre-existing permanent mental disability. The employee suffered a work-related shoulder injury, treatment for which resulted in aggravation of a preexisting mental disorder. The trial court concluded that the previous mental disability is included within the purview of Tennessee Code Annotated section 50-6-208(a). The court thereby found both the employer and the Second Injury Fund ha-ble for disability benefits. On appeal, the Special Workers’ Compensation Appeals

*763 Panel reversed the trial court’s apportionment of liability to the Second Injury Fund, holding that section 208(a) does not contemplate pre-existing mental disorders. We affirm the judgment of the Special Appeals Panel and find the employer liable for the full amount of benefits due the employee.

The appellee, Bernard Bruce Bryant, forty-six years of age at the time of the trial, lost sight in his right eye at the age of thirteen when his eyeglasses shattered, embedding glass in the eye. Nevertheless, he graduated from high school and continued his education at a vocational school, receiving training in the tool and die trade and earning his certification as a machinist.

In 1978, the appellee started experiencing psychological problems, specifically panic disorder, agoraphobia (fear of crowds), and major depressive disorder. He sought treatment from Dr. Robert C. Jamieson in Nashville, who has remained Mr. Bryant’s primary treating psychiatrist. Over the years, Dr. Jamieson has prescribed a variety of medications and other treatments to stabilize Mr. Bryant’s condition.

Due to his mental impairment, the ap-pellee’s work history has been sporadic at best. Before his first panic attack, he worked steadily as a butcher in his father’s grocery business. However, once his psychological problems began, he could work for only short periods of time at any one job before his depression and panic attacks would force him to resign. Moreover, for eight years during the period between 1980 and 1990, the appellee’s psychological problems rendered him totally disabled and unable to work. During that time, he received Social Security disability income.

On July 20, 1995, the appellee was hired by a temporary agency and placed at Gen-co to work as a punch press operator. His temporary position became permanent when Genco hired him as an employee on October 16, 1995. The facts are undisputed that at the time the appellee was hired in October, Genco was aware of his preexisting blindness in his right eye and his pre-existing psychological illnesses.

In January 1996, Mr. Bryant fell at home and injured his right shoulder. Although X-rays were taken of his injury, he continued to work at Genco with no significant problems. But on February 16, 1996, while at work, he tripped over a table in the press room, landing on his right elbow and jarring his previously-injured shoulder. He reported his injury to his supervisor, who sent him to Dr. Tony Hudson for evaluation and treatment. In July, Dr. Hudson referred the appellee to Dr. J. Wills Oglesby, an orthopedic surgeon. Dr. Oglesby diagnosed the appellee as having degenerative changes in the AC (acromio-clavicular) joint and possible damage to the superior labrum, 1 and recommended surgery on his shoulder. Mr. Bryant continued to work at Genco until his surgery was performed on August 16,1996.

As he was being prepared for surgery, the appellee had an adverse reaction as his shoulder was being anesthetized. He described this experience as the sensation of his heart and lungs “shutting down,” causing him to suffer a severe panic attack. After the surgery, Mr. Bryant experienced a recurrence of panic attacks at a greater frequency, which exacerbated his depression. He did not return to work at Genco after the surgery and eventually resigned in October 1996.

At trial, Mr. Bryant testified that since the surgery, he has been unable to work due to his aggravated emotional problems and the pain and restricted movement in his right arm and shoulder. He also testified that he suffers from drowsiness and loss of balance as a result of his medication. Vocational expert Dr. Julian Na- *764 dolsky testified that in his expert opinion, Mr. Bryant’s shoulder injury precludes him from returning to the type of work he had performed at Genco. Dr. Nadolsky also testified that Mr. Bryant has no transferable job skills because his experience and training are applicable only to jobs requiring medium to heavy lifting and frequent use of his right arm or shoulder. Dr. Nadolsky concluded that as a result of the appellee’s physical limitations and his mental impairment, “there are no jobs that Mr. Bryant will be able to perform.”

The trial court found that Mr. Bryant’s pre-existing mental condition “manifested itself in a combined mental and physical disability ... [because] the panic attacks and emotional problems that he had caused him to be physically unable to do certain things.” The trial court concluded that the combination of Mr. Bryant’s preexisting mental condition and his pre-exist-ing loss of sight in his right eye' resulted in a total vocational disability of seventy-five percent prior to his employment with Gen-co. 2 The trial court further found that the appellee’s treatment for his work-related injury reactivated and exacerbated his underlying depression and panic disorder, rendering him now permanently and totally disabled. Nevertheless, the trial court did not assign a percentage of disability to the aggravation of the appellee’s mental condition; instead, the court assigned vocational ratings of twenty-five percent permanent partial disability from the loss of his eye, and thirty-two percent permanent partial disability from the shoulder injury. Finding Mr. Bryant’s pre-existing mental injuries were within the purview of Tennessee Code Annotated section 50-6-208(a), the trial court ordered that Genco pay thirty-two percent of the disability benefits due the appellee, and that the Second Injury Fund pay sixty-eight percent of such benefits.

The Special Workers’ Compensation Appeals Panel affirmed the trial court’s vocational ratings; however, the Panel also assigned a permanent partial disability rating of seventy-five percent for the aggravation of his pre-existing mental disorder resulting from treatment for his shoulder. In addition, the Panel reversed the trial court’s judgment against the Second Injury Fund, holding that mental injuries do not fall within the scope of section 50-6-208(a), as the statute emphasizes “permanent physical disabilities.” (emphasis added). Therefore, the Panel found the Second Injury Fund not liable for any amount of Mr. Bryant’s permanent total disability benefits and instead found Genco hable for one hundred percent of the award. Thereafter, Genco filed, and we granted, a motion for full Court review of the Panel’s decision pursuant to Tennessee Code Annotated section 50 — 6—225(e)(5)(B).

DISCUSSION

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Cite This Page — Counsel Stack

Bluebook (online)
33 S.W.3d 761, 2000 Tenn. LEXIS 684, 2000 WL 1804339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-v-genco-stamping-mfg-co-inc-tenn-2000.