Consolidated Aluminum Corp. v. Harper

465 S.W.2d 727, 225 Tenn. 203, 1971 Tenn. LEXIS 295
CourtTennessee Supreme Court
DecidedApril 5, 1971
StatusPublished

This text of 465 S.W.2d 727 (Consolidated Aluminum Corp. v. Harper) 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
Consolidated Aluminum Corp. v. Harper, 465 S.W.2d 727, 225 Tenn. 203, 1971 Tenn. LEXIS 295 (Tenn. 1971).

Opinion

OPINION

CRESON, Justice.

This is an appeal from a judgment of the Circuit Court of Humphreys County, granting Jimmy D. Harper, Workmen’s Compensation benefits. The trial court awarded defendant in error Workmen’s Compensation benefits in the sum of $42.00 per week for ten weeks for temporary total disability; $42.00 per'week for one hundred weeks for permanent loss of vision in his left eye, and a sum for medical bills incurred, said sum to be agreed upon by both parties.

In the course of this opinion the parties will be referred to as they appeared in the court below; that is, Jimmy D. Harper as petitioner, and Consolidated Aluminum Corporation and Security Insurance Company of Hartford as defendants.

Petitioner became employed with Consolidated Aluminum Corporation on July 26, 1967. Prior to that date he underwent a physical examination by the company doctor and was found in good physical condition, with no impairment of his eyes. On the first day of work, July 26, 1967, petitioner was assigned to work close to the “pots”. Testimony revealed that these “pots” were electric furnaces which generated heat of some 1700 to 1800 degrees Fahrenheit. Petitioner’s particular job was to remove waste materials, which he described as burned carbon blocks, from these furnaces. Petitioner testified that he wore [728]*728long sleeves, a safety helmet, and clear safety goggles.

Petitioner further testified that he worked twelve hours that day, from 7:00 o’clock A.M. to 7:00 o’clock P.M., and that during the course of the day he felt a burning sensation on his face; he testified that it was very hot and that he was not used to working in such a hot place. Further testimony was to the effect that when petitioner got home that night his face was very red; his eyelids were swollen, the left eyelid more swollen than the right; that he complained of pain; that he did not eat supper but took a bath and went to bed; and that upon waking the following morning he did not go to work because of swollen eyelids and a burning sensation around his face.

The testimony of petitioner, his wife and his brother, was to the effect that on the 28th day of July, 1967, he was still unable to return to work, but that his brother drove him to the plant where he informed his foreman, Mr. Bryan Hall, of his injury and was advised by Mr. Hall to go to the hospital. Petitioner’s brother then drove petitioner to see Dr. Capps, in Waverly, Tennessee. Dr. Capps was puzzled by petitioner’s condition and advised him to go to Nashville and see Dr. John R. Smith, an ophthalmologist. The following day, on July 29, 1967, petitioner saw Dr. Smith in Nashville, and Dr. Spencer Thornton, also an ophthalmologist, whose office was in the same building with Dr. Smith. Dr. Smith advised petitioner to enter a hospital in Nashville; however, petitioner refused to be hospitalized in Nashville and requested to enter a hospital in Dickson, Tennessee. Upon entering the Goodlark Hospital in Dickson, petitioner was treated by a family doctor, Dr. James Jackson. Petitioner stayed in the hospital only a few days; then, over Dr. Jackson’s objection, insisted on going home. While in the hospital, his vision in his left eye improved; however, upon returning home, it became worse, and eventually petitioner lost sight in his left eye.

On October 23, 1967, petitioner returned to work for defendant, Consolidated Aluminum Corporation, and has worked since.

The depositions of three doctors were taken and submitted to the court below for review. Dr. James Jackson stated in his deposition that he was a general surgeon and had no special education with regard to eye diseases. In fact, Dr. Jackson was very honest in noting several times his lack of expertise in the field of ophthalmology.

“Q. Dr. Jackson, how much formal training have you had with regard to treatment of the eye?
A. None.
******
Q. Did you see any maculae scar in this patient’s left eye?
A. I didn’t. I wouldn’t call myself an expert on that.
Q. Can a patient develop cloreoretini-tis or maculae iritis in a very short period of time, couple of days ?
A. Well, I wouldn’t make a statement on that, I am not experienced enough to say, but I would certainly —I don’t see why it couldn’t. I see no reason at all why it couldn’t.
* * * * * *
Q. Have you personally ever treated a case or read of a case of cloreoreti-nitis having been caused from heat or light ?
A. Well, no, I haven’t — I’m not an expert in this field and I wouldn’t want to venture any statement on that.
Q. Are you familiar with a medical work on retinal diseases known as Duke-Elder’s System of Ophthalmology ?
A. No.”

It was his diagnosis, however, that petitioner was suffering from maculae retinitis, [729]*729which he described as eye inflammation. Dr. Jackson stated that he first saw petitioner on July 29, 1967, and, at that time, petitioner told him that he had injured his left eye while at work for Consolidated Aluminum Corporation, and that he was unable to see anything from his left eye. Dr. Jackson stated further that he had been a family doctor for some time and, to his knowledge, petitioner had no prior impairment of his eyes. Upon being asked the question as to whether or not petitioner’s exposure to the intense heat and light while working near electric furnaces could have aggravated a prior disease in his left eye, Dr. Jackson stated that he was of the opinion that it could. In addition, however, Dr. Jackson’s testimony continued as follows :

“Q. Speaking logically, and we can let the ophthalmologist express his opinion, but you have a right to express your opinion, too, do you feel that this condition was brought on by the man’s employment ?
A. Like I say, putting together — as the family physician, I was never aware of any problem in his left eye. And his wife, who is a very intelligent woman and I’ve got no reason to doubt her word, said he had never had any problem with his eyes as far as she knew.
And the fact that he had been employed — according to his statement, to me, now, had been told he had 20/20 vision, you know, just shortly before this, and the fact that he went to the Doctor immediately thereof, and complained of his total loss of vision — he had total loss of vision — I would have to assume that whatever the underlying problem was in his eye, that the blindness was precipitated by this — on this date that he told us.
Q. In the course of his employment?
A. I would just have to assume that.
Q. You mean by assuming, that’s your opinion ?
A. Yes, I have no — nothing else to base it on.”

Dr.

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Bluebook (online)
465 S.W.2d 727, 225 Tenn. 203, 1971 Tenn. LEXIS 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-aluminum-corp-v-harper-tenn-1971.