Hill v. Royal Insurance Co.

937 S.W.2d 873, 1996 Tenn. LEXIS 672
CourtTennessee Supreme Court
DecidedOctober 17, 1996
StatusPublished
Cited by6 cases

This text of 937 S.W.2d 873 (Hill v. Royal Insurance Co.) 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
Hill v. Royal Insurance Co., 937 S.W.2d 873, 1996 Tenn. LEXIS 672 (Tenn. 1996).

Opinion

JUDGMENT ORDER

PER CURIAM.

This case is before the Court upon the entire record, including the order of referral to the Special Workers’ Compensation Appeals Panel, and the Panel’s Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.

Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and the Court hereby recommends that the opinion of the Workers’ Compensation Appeals Panel be published; and

It is, therefore, ordered that the Panel’s findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.

Costs will be paid by appellants and their surety for which execution may issue if necessary.

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS’ COMPENSATION PANEL AT NASHVILLE

Mailed September 13, 1996.

Members of the Panel: Justice FRANK DROWOTA, III, Senior Judge JOHN K. BYERS, and Special Judge ROBERT L. CHILDERS.

MEMORANDUM OPINION

ROBERT L. CHILDERS, Special Judge.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme [875]*875Court in accordance 'with Tenn.Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Our review is de novo on the record accompanied by a presumption that the findings of fact of the trial court are correct unless the evidence preponderates otherwise. Tenn.Code Ann. § 50-6-225(e)(2).

The trial court awarded Plaintiff Hill $16,-212.00 permanent partial disability benefits, representing eighty (80) weeks at the benefit rate of $202.65 per week, or twenty percent (20%) permanent partial disability to the body as a whole; and future medical expenses pursuant to the Tennessee Workers’ Compensation Act. The trial court also allowed an attorneys fee of twenty percent (20%) of the award, in the amount $3,242.40, to be paid in lump sum.

The appellant contends that the trial court erred in:

1. Finding that a vocational disability based upon a permanent medical restriction, with medical testimony of no medical impairment rating in accordance with AM.A. Guidelines for Evaluation of Permanent Impairment, constitutes a compensable permanent partial disability under the Workers’ Compensation Act.
2. Awarding permanent partial disability benefits to the Plaintiff that were excessive and against the weight of the evidence.

We affirm the judgment of the trial court.

Ms. Hill filed the complaint in the Chancery Court for Franklin County, Tennessee, against her employer, Defendant CKR Industries, seeking to recover unpaid benefits under the Tennessee Workers’ Compensation Act for work-related injuries. Ms. Hill alleged that she suffered injuries as a result of exposure to chemicals in use at the CKR Plant. This case was consolidated with three (3) additional cases for trial due to significant similarities in the cases.

At CKR, Ms. Hill worked as a Mucote sprayer. Mucote is a sealant, used to prevent rubber weather stripping from drying out, and contains two solvents, toluene and methyl ethyl ketone. Ms. Hill began suffering from nose bleeds, difficulty in breathing, upset stomachs, and dizzy spells while at work. She complained to the human resources supervisor and safety and environmental coordinator about her symptoms and was moved to another position. When she was later returned to the spraying job, she was offered a larger mask and a respirator. Ms. Hill testified that she was told that she would get used to the chemicals, but she did not.

Ms. Hill was treated by Dr. Stensby who concluded that her problems were caused by exposure to Mucote. Dr. Stensby testified that this exposure caused an acute bronchial spasm which in his opinion was not of a permanent nature and would be relieved if she was no longer exposed to Mucote. Dr. Stensby found that Ms. Hill had no physical impairment and therefore gave her no impairment rating pursuant to the AMA. Guidelines.

Mr. Edwards, a vocational consultant with over twenty years experience, testified on Ms. Hill’s behalf at trial. He testified that the chemicals causing Ms. Hill’s problems, or chemicals similar to those, are found in twenty-five percent (25%) of the work places. He opined that in his experience an individual with a respiratory insult should not work in an industrial environment that has respiratory irritants.

The trial court held that although no medical impairment rating was given pursuant to the AM.A Guidelines, because the doctor’s findings indicated that Ms. Hill has a residual impairment resulting from her injuries that is permanent in nature, she carried her burden of proof establishing both medical causation and a permanent impairment. The permanent impairment being the restriction that Ms. Hill should no longer be exposed to Mucote or its components.

The provisions of Tenn.Code Ann. § 50-6-241 do not apply in this case because the Plaintiffs injuries occurred in May of 1992. Tenn.Code Ann. § 50-6-241 expressly states that it applies only to those injuries occurring after August 1,1992.

[876]*876PERMANENCY

The Appellant contends that because the medical expert testimony presented at trial showed that Ms. Hill did not sustain any permanent physical or medical impairment under the A.M.A. Guidelines or otherwise, she was not entitled to recover permanent partial disability benefits. However, it is undisputed that Ms. Hill was instructed by her physician not to return to work at CKR because of the potential for exposure to certain chemicals which caused her illness. It is further undisputed that CKR terminated the employment of Ms. Hill based on the medical advice that she not return to work in the work environment at CKR.

Permanency must be established in worker’s compensation cases. Johnson v. Midwesco, Inc., 801 S.W.2d 804, 806 (Tenn.1990) (citing Blalock v. Williams, 483 S.W.2d 578 (Tenn.1972); Floyd v. Tennessee Dickel Distilling Co., 225 Tenn. 65, 463 S.W.2d 684 (Tenn.1971). Appellant argues that Ms. Hill failed to establish the permanency of her condition through the medical proof regarding the restriction on her work environment. We disagree.

Appellee argues that the facts of this case are analogous to those in Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452 (Tenn.1988), and should be construed in the same manner. In Corcoran,

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Bluebook (online)
937 S.W.2d 873, 1996 Tenn. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-royal-insurance-co-tenn-1996.