Fritts v. Safety National Casualty Corp.

163 S.W.3d 673, 2005 Tenn. LEXIS 351, 2005 WL 926897
CourtTennessee Supreme Court
DecidedApril 21, 2005
DocketE2003-01456-SC-WCM-CV
StatusPublished
Cited by86 cases

This text of 163 S.W.3d 673 (Fritts v. Safety National Casualty Corp.) 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
Fritts v. Safety National Casualty Corp., 163 S.W.3d 673, 2005 Tenn. LEXIS 351, 2005 WL 926897 (Tenn. 2005).

Opinion

OPINION

JANICE M. HOLDER, J.,

delivered the

opinion of the court, in which

FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON and ADOLPHO A. BIRCH, JR., JJ., joined. WILLIAM M. BARKER, J., not participating.

The employee in this workers’ compensation case suffered a spontaneous and large right-lung pneumothorax while at work. The pneumothorax required two corrective surgeries and resulted in treatment with narcotics for chronic pain. After a careful review of the record, we conclude that the injury sustained was an accidental injury arising out of and in the course of her employment. We further hold that the evidence supports the trial court’s finding that the employee was totally and permanently disabled. We affirm the trial court’s judgment and remand for further proceedings consistent with this opinion.

Connie Fritts was thirty-nine years old at the time of trial. She completed eight years of education and has no special job training or skills. Her employment history includes working as a presser and clipper in a sewing factory, as a cashier, and as a tobacco cutter. She also has performed odd jobs such as cleaning houses and mowing yards. In 1998, Mrs. Fritts was employed by Athens Furniture (“Athens”) where she worked in the roll-coat room performing tasks such as hand-sanding, spraying varnish, and operating the wide belt and buffer. Mrs. Fritts was a long-time smoker and had pre-existing bronchitis and chronic obstructive pulmonary disease (“COPD”). She experienced a small left-lung pneumothorax 1 in 1993 and again in 1995, both of which healed without surgical treatment. On September 15, 2000, Mrs. Fritts suffered a large, right-lung pneumothorax while working at Athens. At the time of her injury, Mrs. Fritts was in good health and had no limitations on her work or personal activities. The defendant, Safety National Casualty Corporation (“Safety National”), was the workers’ compensation insurer for Athens in 2000. The plant closed in 2001.

On the day of the injury, Mrs. Fritts was spraying varnish in the roll-coat room. Mrs. Fritts and her co-worker, Barbara Tuttle, testified that the room was unusually dusty, with sawdust, fumes, and varnish spray in the air. Ms. Tuttle and Misty Hamilton were working with Mrs. Fritts when she bent over and began to cough. Mrs. Fritts testified that the fumes and dust caused her to start “coughing real bad,” that she could not breathe, and that the “whole right side” of her chest was hurting. Her husband, Bennie Fritts, and the “lead person,” Roger Dale Williams, took Mrs. Fritts outdoors. Mr. Fritts and Mr. Williams then notified Ronnie Kennedy, a supervisor, of the coughing incident.

Mrs. Fritts continued to experience severe pain and breathing difficulties. During an emergency room visit on September 17, 2000, she was diagnosed with a large right-lung pneumothorax, and a chest tube was inserted. The chest tube, however, failed to keep her lung properly inflated. On September 26, 2000, a surgical procedure was performed to reattach her lung to the chest wall. This procedure resulted *677 in granulomatous pleurisy and scarring, causing severe pain and continued breathing problems. Mrs. Fritts underwent a second surgery in March 2001 to keep her right lung inflated and to repair the damage from the first surgery. Mrs. Fritts continued to suffer chronic pain and breathing difficulties. She was prescribed two narcotic drugs, OxyContin and Endo-cet, and a non-narcotic pain medication, Neurontin, all of which she was using at the time of trial.

Three physicians testified by deposition. Although portions of their testimony conflicted, all three physicians agreed that Mrs. Fritts was predisposed to a pneumo-thorax due to her COPD and- earlier pneu-mothoraxes and that smoking was an underlying factor in causing her 2000 right-lung collapse. Dr. Charles Cox testified that the coughing episode could have caused the pneumothorax. Dr. William Bailey testified that the work environment led to the coughing that caused the pneu-mothorax. Dr. John McElligott testified that the pneumothorax was not related to her work and was caused by smoking.

The trial court credited the testimony of Dr. Cox and Dr. Bailey and found that Mrs. Fritts suffered a compensable injury by accident arising out of and in the course of her employment. The trial court ruled that Mrs. Fritts developed pleurisy as a complication and result of her injury, that she is permanently and totally disabled, and that the employer had proper notice of the injury. 2

The insurer appealed, arguing that the injury was not causally related to the employment. The insurer also contends that the trial court should have analyzed this case as an occupational disease rather than as an injury by accident and that the evidence was insufficient to support a finding of total and permanent disability. The case was referred to the Special Workers’ Compensation Appeals Panel (“Panel”) pursuant to Tennessee Code Annotated section 50 — 6—225(e)(3) (Supp.2003). The Panel reversed and dismissed, finding that the employee was suffering from a pre-existing disease caused primarily by smoking, that there was no anatomical or physiological change in her pre-existing condition, and that under the occupational disease statute the employee’s condition did not “.originate and arise out of’ her employment. We granted full court review.

I. Compensable Injury

To be compensable, an injury or occupational disease must arise out of and in the course of employment and cause either disablement or death. Tenn.Code Ann. § 50-6-102(12) (1999). The phrase “in the course of’ refers to the time, place, and circumstances of the injury, and “arising out of’ refers to its cause or origin. Hill v. Eagle Bend Mfg., Inc., 942 S.W.2d 483, 487 (Tenn.1997). Thus, an accidental injury arises out of and is in the course of employment if it has a rational connection to the employment and occurs while the employee is doing the work she was employed to perform. Guess v. Sharp Mfg. Co. of Am., 114 S.W.3d 480, 484 (Tenn.2003). The employee in a workers’ compensation suit bears the burden of proving *678 every element of the case by a preponderance of the evidence, including the existence of a work-related injury by accident. Talley v. Va. Ins. Reciprocal, 775 S.W.2d 587, 591 (Tenn.1989).

A. Course of Employment

Mrs. Fritts, Ms. Tuttle, and Ms. Hamilton testified they were working in the rolhcoat room when Mrs. Fritts had a “bad” coughing episode followed immediately by pain in her right chest and breathing problems. Ronnie Kennedy, a former lead person and supervisor at Athens, testified that he was present during Mrs. Fritts’ shift on September 15, 2000, but denied being told that Mrs. Fritts had a coughing spell at work. Mr.

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163 S.W.3d 673, 2005 Tenn. LEXIS 351, 2005 WL 926897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritts-v-safety-national-casualty-corp-tenn-2005.