Rogers v. Shaw

813 S.W.2d 397, 1991 Tenn. LEXIS 245
CourtTennessee Supreme Court
DecidedJune 10, 1991
StatusPublished
Cited by28 cases

This text of 813 S.W.2d 397 (Rogers v. Shaw) 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
Rogers v. Shaw, 813 S.W.2d 397, 1991 Tenn. LEXIS 245 (Tenn. 1991).

Opinion

OPINION

REID, Chief Justice.

This case presents an appeal by the widow of a deceased worker from the judgment of the trial court dismissing the claim for workers’ compensation benefits upon a finding that the employee’s death was not the result of an occupational disease. The record supports the appellant’s claim that the employee’s death is compensable.

The determinative medical facts, as distinguished from their legal consequences, are not disputed. During the course of the decedent’s more than twenty-year employment as a pipe fitter he contracted asbestosis, which, together with cigarette smoking, caused cancer of his left lung. The cancer was diagnosed in July 1988, prior to the employee’s death the following September. However, for several years prior to the diagnosis of cancer, the employee had experienced significant cardiovascular problems. He had a history of high blood pressure and in 1977 he sustained a mild heart attack. In 1986, leg bypass surgery was performed. While hospitalized for that surgery, a lesion was found on his left lung at the location the cancer was found two years later.

The employee was hospitalized on July 5, 1988, with complaints of anemia, fever, and general malaise, all symptoms of cancer. His physicians concluded that removal of the lung was the only treatment that would save the employee’s life. In preparation for the lung surgery, tests revealed significant coronary artery blockage. The decedent’s primary physician, a specialist in cardiology and internal medicine, in consultation with another cardiologist and a pulmo-nologist, determined that treatment of the blockage by coronary bypass surgery was a necessary condition to the removal of the lung. The decedent experienced a stroke during the bypass surgery; his condition progressively worsened until his death on September 4, 1988.

The medical experts who testified were the treating cardiologist, the treating pul-monologist, a pathologist who performed an autopsy and reviewed the medical records on behalf of the employee’s widow, and a specialist in pulmonary and internal medicine who reviewed the medical records on behalf of the employer. The death certificate completed by the primary physician shows the immediate cause of death to be a stroke. However, as a result of the autopsy, the pathologist concluded the principal cause of death was a lung infection caused by lung cancer, which was caused in part by the asbestosis. The employer’s specialist testified the cause of death was complications of the stroke suffered during surgery. The pulmonologist and pathologist agreed the cancer was caused by the combined effects of exposure to asbestos dust and cigarette smoking. The experts *399 agreed that lung cancer did not cause either the decedent’s cardiovascular problems or the stroke suffered during surgery. They also agreed that heart surgery was necessary before the lung could be removed and that removal of the lung was necessary to save the decedent’s life.

The trial court found death was caused by the stroke and held the claim was not compensable under the worker's compensation law. The employer asserts that the medical evidence does not establish the causal connection between the decedent’s employment and his death necessary to render his death compensable and that, therefore, the preponderance of the evidence supports the court’s finding. The decedent’s widow first asserts the evidence establishes that infection secondary to cancer was the cause of death and, therefore, the evidence preponderates against the court’s finding. The appellant also asserts that death resulting from treatment of the non-work-related condition that was necessary for treatment of the work-related condition is compensable. Because the appellant’s second argument is determinative of the case, the question of whether the direct and proximate cause of death was cancer or stroke need not be resolved.

It is axiomatic that the employer takes the employee as he is, that is, with his defects and pre-existing afflictions. Flowers v. South Central Bell Telephone Company, 672 S.W.2d 769, 770 (Tenn.1984); Coleman v. Coker, 204 Tenn. 310, 321 S.W.2d 540 (1959). Therefore, an employee’s death or disability resulting from a heart attack casually related to his employment is compensable, even though the employee suffered from heart disease. Flowers, 672 S.W.2d at 770.

It is also well-settled that if a com-pensable injury hastens or accelerates the death or disability of an employee who has a pre-existing illness, the death or disability is compensable under the worker’s compensation statute. See, e.g., Stratton-Warren Hardware v. Parker, 557 S.W.2d 494, 496 (Tenn.1977) (employee’s respiratory disease compensable even though his life-long asthma may have eventually caused same or similar conditions); Brooks v. Gilman Paint Co., 208 Tenn. 595, 347 S.W.2d 665 (1961) (employee’s widow not entitled to benefits because employee’s death was caused by cancer, not occupational disease; however, Court held that “aggravation, acceleration or exacerbation of a pre-existing condition or disease brought about by an occupational disease” is compensable); Boyd v. Young, 193 Tenn. 272, 246 S.W.2d 10 (1951) (back injury contributory cause of acceleration of death of employee due to cancer); Lucey Boiler & Manufacturing Corp. v. Hicks, 188 Tenn. 700, 222 S.W.2d 19 (1949) (stress of pain and amputation, under local anesthetic, of injured finger caused fatal rupture of berry aneurysm; death held compensable).

It has also been held that death or disability due to a poor result of treatment, or complications of treatment, or negligent treatment of a work-related injury or disease is compensable. Knox Porcelain Corporation v. Dockery, 223 Tenn. 64, 442 S.W.2d 607 (1969) (employee died from complications from ulcer surgery, the ulcers having been a consequence of compen-sable lung disease); Mallette v. Mercury Outboard Supply Co., 204 Tenn. 438, 321 S.W.2d 816 (1958) (while in hospital for treatment of compensable back injury, employee’s injury was “considerably aggravated” due to orderly’s negligence; held com-pensable); Whitaker v. Morton Frozen Foods, Inc., 201 Tenn. 425, 300 S.W.2d 610 (1957) (surgery for employee’s injured hand resulted in increased disability).

The principles stated above are corollaries of the general rule that every natural consequence that flows from the occupational disease arises out of the employment, unless it is the result of an independent intervening cause attributable to the employee’s intentional conduct. 1 A. Larson, The Law of Workmen’s Compensation

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Forrest, Thaddeus v. Concrete Structures, Inc., Docket No. 2025-60-3186
2026 TN WC App. 13 (Tennessee Workers' Comp. Appeals Board, 2026)
Hudgins, Natacha v. Global Personnel Solutions, Inc.
2023 TN WC App. 17 (Tennessee Workers' Comp. Appeals Board, 2023)
Braden, Tawan v. Mohawk Industries, Inc.
2022 TN WC App. 10 (Tennessee Workers' Comp. Appeals Board, 2022)
Reichenberger, Donald v. Cumberland Real Estate Services, Inc.
2021 TN WC 183 (Tennessee Court of Workers' Comp. Claims, 2021)
Hart, Jeannie v. ThyssenKrupp Elevator Corp.
2020 TN WC App. 40 (Tennessee Workers' Comp. Appeals Board, 2020)
Hudgins, Natacha v. Global Personnel Solutions, Inc.
2019 TN WC 184 (Tennessee Court of Workers' Comp. Claims, 2019)
Newman, Jr., Leon v. Earth Solutions, Inc.
2019 TN WC 166 (Tennessee Court of Workers' Comp. Claims, 2019)
Sims. Teresa v. Fred's, Inc.
2018 TN WC 88 (Tennessee Court of Workers' Comp. Claims, 2018)
White, Paul v. G&R Trucking, Inc.
2018 TN WC 71 (Tennessee Court of Workers' Comp. Claims, 2018)
Ogden, Shawn v. McMInnville Tool and Die, Inc.
2018 TN WC App. 19 (Tennessee Workers' Comp. Appeals Board, 2018)
Matheson, Kathy v. QCJC, Inc.
2018 TN WC 57 (Tennessee Court of Workers' Comp. Claims, 2018)
Creasman, Sherry v. Waves, Inc.
2018 TN WC App. 13 (Tennessee Workers' Comp. Appeals Board, 2018)
Ogden, Shawn v. McMinnville Tool & Die, Inc.
2017 TN WC 210 (Tennessee Court of Workers' Comp. Claims, 2017)
Bolden, Douglass v. Lowe's Home Centers, Inc.
2017 TN WC App. 26 (Tennessee Workers' Comp. Appeals Board, 2017)
Judy Kilburn v. Granite State Insurance Company
522 S.W.3d 384 (Tennessee Supreme Court, 2017)
Richards, Edward v. Kiewit Power Constructors Company
2016 TN WC 253 (Tennessee Court of Workers' Comp. Claims, 2016)
Lee, Justin v. Western Plastics
2016 TN WC App. 55 (Tennessee Workers' Comp. Appeals Board, 2016)
Lee, Justin v. Western Plastics
2016 TN WC 197 (Tennessee Court of Workers' Comp. Claims, 2016)
Lallo, Ralph Joseph v. Marion Environmental, Inc. 2015-06-0287
2015 TN WC 95 (Tennessee Court of Workers' Comp. Claims, 2015)
MacDonald, Michael v. Greene County Sheriff's Department
2015 TN WC 92 (Tennessee Court of Workers' Comp. Claims, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
813 S.W.2d 397, 1991 Tenn. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-shaw-tenn-1991.