Clevenger v. Plexco, Division of Amstead Industries, Inc.

614 S.W.2d 356, 1981 Tenn. LEXIS 424
CourtTennessee Supreme Court
DecidedApril 13, 1981
StatusPublished
Cited by9 cases

This text of 614 S.W.2d 356 (Clevenger v. Plexco, Division of Amstead Industries, 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
Clevenger v. Plexco, Division of Amstead Industries, Inc., 614 S.W.2d 356, 1981 Tenn. LEXIS 424 (Tenn. 1981).

Opinion

OPINION

FONES, Justice.

This is a direct appeal by plaintiff, employee, from a trial court judgment denying worker’s compensation benefits.

*357 Plaintiff contends that he was given a harsh reprimand and an ultimatum to improve or be fired by defendant’s, employer’s, production foreman; that such treatment was unexpected, undeserved, and so upsetting that it precipitated a nervous breakdown; that those circumstances were sufficient to amount to a compensable “accident” under Jose v. Equifax, Inc., 556 S.W.2d 82 (Tenn.1977). We affirm the judgment of dismissal.

The incident that plaintiff asserts as a compensable “accident” occurred on September 29, 1977. There is a sharp conflict in the evidence about what occurred at that time. However, there is little conflict about plaintiff’s problems that preceded the alleged “accident.”

On May 15, 1977, plaintiff was hospitalized under the care of Dr. Paul M. Watson. The history recorded by Dr.r Watson was that he had fallen at home and sustained a blow to the head, was suffering from nervous anxiety, was under pressure at work and had domestic problems at home, had a violent temper, headaches, blurred vision and nausea. Dr. Watson’s diagnosis was cerebral concussion, anxiety reaction, and neurodermatitis. Plaintiff was discharged from the hospital on June 3,1977, and readmitted on June 6 because of a severe recurrence of Horton’s Cyclic Headache. Dr. Watson explained that plaintiff was given high doses of steroids, a cortisone like drug, for headache, and he developed steroid psychosis, which makes one wild and uncontrollable. Plaintiff was taken off steroids and given a mild tranquilizer. He also had “some nervousness and some psychiatric problems that had not been resolved” when Dr. Watson discharged him on June 8,1977. Dr. Watson said that at the time his psychiatric problems were related to pressure at home and domestic difficulties.

He was divorced in 1975, but he and his former wife resumed living together, but she had left him approximately one week prior to his fall on May 15, 1977. She testified and confirmed that he had a drinking problem, violent temper, and that he beat her on occasion.

Plaintiff was hospitalized a third time in June, 1977, and was apparently discharged on June 23. Dr. Watson’s testimony was not clear on the dates of the third hospitalization, nor the cause. Plaintiff had an automobile accident that apparently precipitated that hospitalization, but his problems continued to be headaches and tension and were psychological in origin. On June 30, 1977, he was treated in the emergency room of Park View Hospital where the record revealed that plaintiff reported that his brother hit him three times in the head with a billy stick.

Plaintiff went to Dr. Watson on July 7, and July 20, and was found to be suffering from tension headaches. He returned on August 19, and August 26. Dr. Watson testified that on August 26, plaintiff reported that he was having trouble getting along with his boss and couldn’t take the pressure at work anymore. Testifying about the August 26, visit and his advice that plaintiff take a three week leave of absence from his work, Dr. Watson said that plaintiff had shown violent symptoms at home, knocked holes in the wall, beat his wife, had extreme temper tantrums, had reported that he was having difficulty getting along with his boss, and couldn’t take the pressure at work anymore.

Plaintiff’s next visit to Dr. Watson was on September 20,1977. Dr. Watson’s notes revealed that plaintiff said he wanted to be checked to see how he was doing, having been off from work three weeks. Dr. Watson found that he had been drinking too many beers and was having problems at home. Dr. Watson advised him to discontinue the use of alcohol, prescribed a decrease in one of the drugs that he was taking that made him sleepy, and told plaintiff to continue with his previous medication and return in two weeks. Dr. Watson was asked when he next saw plaintiff, and he replied, “October 4, 1977,” when plaintiff reported that he was “feeling somewhat better.” Testifying further about the October 4,1977, visit, Dr. Watson said,

*358 “he was sleeping a lot better with Elavil and seeming to be a lot calmer at that particular visit than on previous occasions. We saw him again on October 14, 1977.”

Dr. Watson reported his findings on October 14, and his findings on a subsequent visit, October 26, 1977, were made without any mention of a nervous breakdown.

Later, he was asked to identify a letter dated September 30,1977, which he did, and testified that he wrote the letter at plaintiff’s request. The letter reads as follows:

“To Whom It May Concern:
This is a letter regarding Thomas Cle-venger. I have seen him three times within the past three weeks, and he has reached the point where I believe he is on the verge of a nervous breakdown.
Because of both physical and emotional stress of long hours at work and other work related stress, I have advised him that he should have a leave of absence for one month. Because of the nature of his work, it may be advisable for him to possibly switch to another type of employment. I intend to reevaluate him at weekly intervals and the above point will be determined according to his potential and progress.
Sincerely yours,
Paul M. Watson, M.D.”

Dr. Watson then observed that a word of explanation was in order; that he had previously been testifying from his notes and that although the letter said he had seen plaintiff only three times in the preceding three weeks, plaintiff had called him at home frequently and he had seen him at the émergency room on a “personal” basis during this “particular period of stress that he was under.” He was then asked and answered as follows:

“Q Do you recall when you saw him at the emergency room?
A I don’t recall any date. I do remember this particular time that he was having a great deal of difficulty at his work and he felt he would either get fired or else have to change his employment, or else he was going to ‘kill somebody’ that I thought it was necessary to write this letter so that it would avoid some problems for him.”

Next, Dr. Watson said that at the time he wrote the letter, September 30, 1977, plaintiff was “on the verge of a nervous breakdown,” then later was asked and answered as follows:

“Q Doctor, based upon the history that was given to you by Mr. Clevenger, do you have an opinion as to a reasonable medical certainty whether or not his nervous breakdown was caused or related to his employment?
[Objection omitted.]
A There are many other causes for it, of course, and this was one of the causes. You might say this was sort of the straw that broke the camel’s back. There are other causes admittedly in all honesty, but this certainly is one that probably precipitated his immediate nervous breakdown on this particular occasion.”

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Bluebook (online)
614 S.W.2d 356, 1981 Tenn. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clevenger-v-plexco-division-of-amstead-industries-inc-tenn-1981.