Phillips v. Old Republic Insurance Co.

623 S.W.2d 920, 1981 Tenn. LEXIS 502
CourtTennessee Supreme Court
DecidedNovember 9, 1981
StatusPublished
Cited by1 cases

This text of 623 S.W.2d 920 (Phillips v. Old Republic 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
Phillips v. Old Republic Insurance Co., 623 S.W.2d 920, 1981 Tenn. LEXIS 502 (Tenn. 1981).

Opinion

[921]*921OPINION

HARBISON, Chief Justice.

In each of these cases an employee was awarded total permanent disability benefits for coal workers’ pneumoconiosis. In each of the cases the employer contends that the trial court erroneously calculated the weekly benefit rate pursuant to T.C.A. § 50-1105. This opinion will deal principally with that issue.

In the case involving Leodis Phillips, however, the employer also challenges the sufficiency of the evidence supporting the award. This employee was fifty-two years of age at the time of the trial. He had engaged in underground coal mining for a period of at least twenty-eight years. There is no question but that he is disabled as a result of lung disease. Neither of the two physicians who testified found x-ray evidence of occupational dust disease. One of them, however, testified that the employee’s coal mine dust exposure was “enough to be considered causative of his problem, or else it is significant by way of aggravation of his problem.” He testified that the aggravation was permanent in nature and stated that the employee was “totally disabled and permanently disabled for his usual occupation of coal mining and for any other job that requires a significant amount of manual labor.” The other physician testified that the employee had a significant lung disease which was “permanently aggravated by his work in coal mines.”

As pointed out in Lawson v. Oneida Fuel & Coal Co., 529 S.W.2d 220 (Tenn.1975), the General Assembly in 1971 adopted all of the presumptions, criteria and standards contained in or promulgated by reason of the Federal Coal Mine Health and Safety Act of 1969 for use in determining whether an employee has the occupational disease of coal workers’ pneumoconiosis and is totally disabled therefrom. T.C.A. § 50-1102. See also Moore v. Old Republic Insurance Co., 512 S.W.2d 564 (Tenn.1974).

Pneumoconiosis is defined in the federal statute as:

“... a chronic dust disease of the lung arising out of employment in an underground coal mine.” 30 U.S.C.A. § 902(b).

In 20 C.F.R. § 727.202, this definition is further explained as follows:

“. .. a disease ‘arising out of coal mine employment’ includes any chronic pulmonary disease resulting in respiratory or pulmonary impairment significantly related to, or aggravated by, dust exposure in coal mine employment.”

The federal statutes, 30 U.S.C.A. § 921(c)(4), provide that if a miner was employed for fifteen years or more in underground coal mines, even if a chest x-ray is interpreted as negative, still

“... if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis .... ”

The trial court found such a presumption raised in the present case and found that it was not rebutted by the medical evidence. We concur in that finding and approve the award of benefits.

In each of the cases considered in this opinion the disabled employee was married and his wife was his only dependent. The principal question in each case is the proper rate of benefits payable. The issue arises because the amounts payable to employees under the Tennessee Workers’ Compensation Act have been periodically increased by statute so that in this case the amount allowable to an employee with one dependent exceeds that allowable under the federal statutes and regulations.

As pertinent to the present case, T.C.A. § 50-1105 provides:

“An employee totally disabled due to coal workers’ pneumoconiosis shall be paid benefits during disability as provided for by this law. If said employee has one or more dependents the payments shall be increased fifty percent (50%), of such payment for the first dependent .... Benefits paid under this paragraph shall not be subject to the maximum compensation limitations set forth in § 50-1005, subsections (a), (c), (d) and (e) of § 50-1007, §§ 50-1008, 50-1010, 50-1011, subsection (c)(ll) of § 50-1013, or any other sections [922]*922of the Workmen’s Compensation Law, but the maximum compensation limitation shall be controlled exclusively by the maximum compensation benefits and limitations established under the Federal Coal Mine Health and Safety Act of 1969 ... as applicable to employees suffering from coal worker’s pneumoconiosis. However, the minimum compensation limitations for employees suffering from coal worker’s pneumoconiosis shall be no less than those set forth in subsection (d) of § 50-1007 for employees permanently and totally disabled by reason of injury.”

This section was construed by the Court in the case of Royal Indemnity Co. v. Futtrell, 585 S.W.2d 583, (Tenn.1979). There it was noted that the import of the statute was changed by Tennessee Public Acts 1975, chapter 210, from former provisions which incorporated the federal benefits and limitations exclusively. Construing the 1975 amendment, the Court said:

“We hold that this statutory provision incorporates only the maximum limits of compensation contained in the Federal Coal Mine Health and Safety Act of 1969, but that in all other respects the benefits payable under the workmen’s compensation laws of Tennessee for coal workers’ pneumoconiosis are as set out in the Tennessee statutes, e. g. T.C.A. § 50-1007(d).” 585 S.W.2d at 585.

From the foregoing it is clear that the maximum limitations set forth in various sections of the Tennessee statutes are not applicable to persons suffering from coal workers’ pneumoconiosis. For example, T.C.A. § 50-1005 fixes a “total amount of compensation payable under this chapter” exclusive of medical, hospital and funeral benefits. T.C.A. § 50-1008 fixes a maximum weekly benefit whether “there are or are not persons dependent upon each injured employee .... ” T.C.A. § 50-1007(d) prescribes a weekly benefit of sixty-six and two-thirds percent of the wages received at the time of injury subject to a specified dollar amount as a maximum and another dollar amount as a minimum. It also prescribes a maximum number of weeks during which benefits may be paid. These limitations are not applicable to cases of coal workers’ pneumoconiosis, except as they may be made pertinent by the last sentence of T.C.A.

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Related

Hensley v. Consolidation Coal Co.
658 S.W.2d 94 (Tennessee Supreme Court, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
623 S.W.2d 920, 1981 Tenn. LEXIS 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-old-republic-insurance-co-tenn-1981.