Reeser v. Yellow Freight System, Inc.

938 S.W.2d 690, 1997 Tenn. LEXIS 107, 1997 WL 74066
CourtTennessee Supreme Court
DecidedFebruary 24, 1997
Docket01S01-9603-CV-00042
StatusPublished
Cited by88 cases

This text of 938 S.W.2d 690 (Reeser v. Yellow Freight System, 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
Reeser v. Yellow Freight System, Inc., 938 S.W.2d 690, 1997 Tenn. LEXIS 107, 1997 WL 74066 (Tenn. 1997).

Opinion

OPINION

DROWOTA, Justice.

In this workers’ compensation action, the employer, Yellow Freight System, Inc., defendant-appellant, has appealed from a judgment of the Circuit Court of Overton County finding that the employee, William R. Reeser, Jr., plaintiff-appellee, is permanently and totally disabled as a result of a stroke. The trial court found that conditions of the employment — stress associated with driving a truck through an ice storm — precipitated the employee’s stroke. The sole issue on appeal is the correctness of that finding. 1 After *691 carefully examining the record and the relevant authorities, we affirm the judgment of the trial court.

The employee, who was sixty-three years old at the time of his injury, worked as a long distance truck driver for the employer. He had worked in this capacity for the employer since 1989. On February 9, 1994, the employee was required to drive a truck from Nashville to St. Louis, Missouri, for the employer. On February 10, 1994, he returned to Nashville during a severe ice storm. 2 The employer canceled all trips by its drivers on February 10 because of the ice, but the employee was already on the return leg of his trip. Thus, the employee was on the road when the storm was at its worst.

On February 11, 1994, the employer resumed a full schedule of trips between Nashville and Memphis. On that date, the employee left Nashville at approximately 3:45 p.m. and traveled to Memphis. He arrived in Memphis at approximately 7:40 p.m. after the storm had ended. However, while exiting the interstate minutes from his destination, the employee lost control of his truck, traveled across six lanes of traffic, ran through a guardrail, and went down an embankment. When police arrived on the scene, they found the employee lying semiconscious on the floorboard of his truck, with bruises and cuts. The employee was taken to a nearby hospital, and was diagnosed as having had a stroke. The stroke has left the employee totally disabled. He cannot speak, has substantial paralysis, seizures, and cannot take care of any personal needs. He requires care twenty-four hours a day. The employee cannot recall anything about the accident.

Following the accident, the employee was treated by Dr. Michael Deshazo, a neurologist who diagnosed the stroke. Dr. Deshazo determined that the employee had a complete blockage of an artery leading to his brain, which interrupted the flow of blood to the brain. This led to a “cerebrovascular thrombotic occlusive event,” or a stroke. On the issue of causation, Dr. Deshazo testified that the stress of driving a truck through an area that had just experienced a major ice storm “could have played a role in precipitating” the stroke. Dr. Deshazo opined that driving a truck was a stressful occupation, made more so during times of hazardous driving. Dr. Deshazo conceded, however, that the stroke could have occurred regardless of any stress the employee may have experienced while driving, particularly since the employee suffered from pre-existing coronary artery disease.

Dr. William Quarles, the employee’s family physician since 1966, also treated the employee. Dr. Quarles testified similarly to Dr. Deshazo. In response to a hypothetical question which asked him to assume that the employee drove a truck “over 200 miles at night in an area that had just underwent a terrible ice storm,” and whether this “could ... be a stressful event ... that could have triggered or precipitated [the stroke],” Dr. Quarles replied, “[t]heoretically, I think that’s true, yes.” Like Dr. Deshazo, Dr. Quarles concluded that it was possible that the employee could have had the stroke at most any time given his severe coronary artery disease.

Dr. Manual Weiss, a neurological surgeon testifying for the employer, reviewed the employee’s medical records and the deposition of Dr. Deshazo. Dr. Weiss testified that there are two general types of strokes — one caused by bleeding in the brain itself, and the other from a lack of blood getting to the brain. He testified that the employee’s stroke was caused by the latter. Dr. Weiss also stated that, in his opinion, stress was not a contributing factor. Rather, strokes of the type suffered by the employee happen when an artery is finally closed off after a lengthy period of increasing blockage. Dr. Weiss concluded that the employee would have had the stroke at some point regardless of the stress that he experienced driving in the ice storm. It is also worth noting that, like Doctors Deshazo and Quarles, Dr. Weiss indicated that driving a truck through an ice storm is a stressful event. However, unlike *692 Doctors Deshazo and Quarles, Dr. Weiss has not treated — or even met — the employee.

After considering the evidence, the trial court found that “proof concerning the road conditions being ‘horrendous’ is clear and convincing.” Relying upon testimony from other truck drivers who testified that they made the same trip as the employee on February 11 and found it unusually stressful, the court concluded that the conditions of employment precipitated the employee’s stroke. Benefits were awarded accordingly.

Our review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of those findings, unless the preponderance of the evidence is otherwise. Tenn.Code Ann. § 50-6-225(e)(2); Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143, 149 (Tenn.1989). Considerable deference must be accorded to the trial court’s factual findings on issues related to the credibility of witnesses and the weight to be given their testimony. Humphrey v. David Witherspoon, Inc., 734 S.W.2d 315 (Tenn.1987).

In order to be eligible for workers’ compensation benefits, an employee must suffer “an injury by accident arising out of and in the course of employment which causes either disablement or death.” Tenn. Code Ann.' § 50-6-102(a)(5). The phrase “arising out of’ refers to causation. Braden v. Sears, Roebuck and Co., 833 S.W.2d 496, 498 (Tenn.1992). The causation requirement is satisfied if the injury has a rational, causal connection to the work. Id. Although causation cannot be based upon merely speculative or conjectural proof, Simpson v. H.D. Lee Co., 793 S.W.2d 929, 931 (Tenn.1990), absolute certainty is not required. Tindall v. Waring Park Ass’n, 725 S.W.2d 935, 937 (Tenn.1987). Any reasonable doubt in this regard is to be construed in favor of the employee. White v. Werthan Industries, 824 S.W.2d 158, 159 (Tenn.1992).

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Cite This Page — Counsel Stack

Bluebook (online)
938 S.W.2d 690, 1997 Tenn. LEXIS 107, 1997 WL 74066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeser-v-yellow-freight-system-inc-tenn-1997.