Capps v. Goodlark Medical Center, Inc.

804 S.W.2d 887, 1991 Tenn. LEXIS 63
CourtTennessee Supreme Court
DecidedFebruary 4, 1991
StatusPublished
Cited by5 cases

This text of 804 S.W.2d 887 (Capps v. Goodlark Medical Center, 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
Capps v. Goodlark Medical Center, Inc., 804 S.W.2d 887, 1991 Tenn. LEXIS 63 (Tenn. 1991).

Opinion

OPINION

DAUGHTREY, Justice.

In this workers’ compensation appeal, we are asked to apply T.C.A. § 50-6-212(a), the so-called “hernia statute,” to a unique set of facts involving the development of a work-related hernia at the site of a prior surgical incision. The trial court held that recovery was barred under subsection (5) of the statute, involving the non-compensa-[888]*888bility of pre-existing hernias. We disagree and reverse the judgment of the trial court.

STANDARD OF REVIEW

We note at the outset that the dispositive issue in this case is a question of law involving statutory interpretation. Hence, there is no presumption of correctness attached to the trial court’s decision. Katz v. Bilsky, 759 S.W.2d 420, 421-2 (Tenn.App.1988).

THE STATUTE

T.C.A. § 50-6-212(a) governs the recovery of workers’ compensation benefits for hernias, as follows:

In all claims for compensation for hernia or rupture, resulting from injury by accident arising out of and in the course of the employee’s employment, it must be definitely proven to the satisfaction of the court:
(1) That there was an injury resulting in hernia or rupture;
(2) That the hernia or rupture appeared suddenly;
(3) That it was accompanied by pain;
(4) That the hernia or rupture immediately followed the accident; and
(5) That the hernia or rupture did not exist prior to the accident for which compensation is claimed.

The trial court correctly held that subsections (1) — (4) had been satisfied by the facts of this case. The only remaining question concerns the satisfaction of subsection (5).

THE FACTS

On appeal, it appears that the facts are largely undisputed, although at trial the employer did contest the sufficiency of notice of the injury. The record shows that the employee, Daniella Capps, had been an x-ray technician for some 30 years. At the time of her injury, however, she had worked for only six weeks at the Cheatham Medical Center, which is owned by defendant Goodlark Medical Center. One of her duties as an x-ray technician was to assist patients on and off the x-ray table and in and out of their hospital beds.

One Friday afternoon in August 1987, while removing a patient from the x-ray table, Capps felt “a slight pulling and burning sensation” just below her navel. It caused a “knot in [her] belly” that was very painful. She said that she reported it immediately to her supervisor and got his permission to go to a doctor in the clinic next door.

The physician whom she saw that afternoon was Dr. James Anderson. He told Capps that the knot in her belly was something “like a hernia.” Dr. Anderson referred her to Dr. Wiser, a surgeon, and advised her to wear a girdle in the meantime.

Capps testified that she went back to work on Monday, wearing a girdle, and managed to work through that day. But on Tuesday, she said, while trying to lift an elderly x-ray patient from a stretcher to his bed, she experienced a “ripping, tearing, burning sensation” at the same spot where she had experienced pain the previous Friday. She left work in a great deal of pain, spent a sleepless night at home, and reported to the Cheatham Medical Center Emergency Room early the next morning. Hospital records indicate that she reported abdominal pain as the result of lifting a patient. She saw Dr. Wiser at Goodlark Medical Center within a day or two and underwent surgery to repair the hernia the following week.

Daniella Capps had had ovarian surgery in 1969 and both a hysterectomy and a bladder operation in February 1987, some six months before she was injured in this case. In the 1969 and 1987 operations, the surgeons had used the same abdominal incision, and it was along this incision line that Capps’s hernia developed.

A hernia has been defined as “the protrusion of a loop or knuckle of an organ or tissue through an abnormal opening or the protrusion of some internal structure through the abdominal wall.” Wood v. Edenfield Electric Co., 211 Tenn. 295, 298, 364 S.W.2d 908, 909 (1963) (quoting from the American Illustrated Medical Dictionary). Dr. Anderson testified by deposition in this case that a hernia results from [889]*889“a weakness in the wall of the abdominal cavity ... where the tissues are not holding up the support that they should be.” He further explained that “[h]ernias occur because of a weakness, an inherent weakness [in the abdominal wall], whether that’s incisional or whether it’s congenital, or some other unexplained weakness in the abdominal wall.” He also testified that a hernia will not develop in the absence of such an “inherent weakness.”

In this case, Dr. Anderson said, Daniella Capps suffered an “incisional hernia,” one that developed along the suture line of her prior operations when scar tissue from the surgery gave way, producing a bulge in her abdominal wall. He testified that she had first come into his office on August 20, 1987, complaining of abdominal pain that resulted from lifting a patient. Dr. Anderson’s diagnosis was that Capps “had an inherent weakness from the previous surgery which developed into a hernia after lifting a patient....” He further testified that there was no indication that she had ever had a previous hernia.

Reading the provision in T.C.A. § 50-6-212(a)(5) literally, the trial judge held that “the prior [surgical] incision site was, in fact, a rupture of the abdominal wall” and that because of this prior “rupture,” the injury which Capps suffered at work was not compensable under subsection (5) of the “hernia statute.”

We conclude that this ruling is based upon a misinterpretation of § 50-6-212(a)(5). By its own terms, that provision requires a finding by the trial court that “the hernia or rupture did not exist prior to the accident for which compensation is claimed.” Obviously, the terms “hernia” and “rupture” are used interchangeably in the statute, to refer to the same kind of medical condition, i.e., a protrusion of an organ or tissue through the abdominal wall, resulting from an inherent weakness in the abdominal wall. It is also obvious that the language of the statute refers to the current “hernia or rupture,” i.e., the one which results from “the accident for which compensation is claimed,” and not to a past condition which is unrelated to the new injury.

Thus, in Cook v. Great Western Casualty Co., 779 S.W.2d 365 (Tenn.1989), the employee had suffered an initial hernia in 1976 while working for a different employer. In 1981, a second hernia occurred at the site of the previous hernia, as the result of a work-related injury. We held that Cook’s second hernia was compensable under T.C.A. §

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804 S.W.2d 887, 1991 Tenn. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capps-v-goodlark-medical-center-inc-tenn-1991.