Whiteside v. Morrison, Inc.

799 S.W.2d 213, 1990 Tenn. LEXIS 424
CourtTennessee Supreme Court
DecidedNovember 13, 1990
StatusPublished

This text of 799 S.W.2d 213 (Whiteside v. Morrison, 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
Whiteside v. Morrison, Inc., 799 S.W.2d 213, 1990 Tenn. LEXIS 424 (Tenn. 1990).

Opinion

OPINION

DROWOTA, Judge.

The sole issue in this workers’ compensation appeal is whether the trial court erred in dismissing an action filed pursuant to T.C.A. § 50-6-208 by the employer, Morrison, Inc., Defendant and Third-Party Plaintiff, against the Second Injury Fund, Third-Party Defendant, for a portion of workers’ compensation benefits awarded to the employee, James W. Whiteside, Plaintiff-Appellee. For the reasons set forth below, we reverse the decision of the Chancellor.

Mr. Whiteside, age 26 at the time of trial, was born with a vascular malformation in his brain. Specifically, the blood vessels [214]*214within his brain are thinner than normal, which tends to cause the veins and arteries located in his head to rupture and bleed. When a rupture occurs, blood floods the brain and causes paralysis and lessening of the ability to control the muscles and nerves. This was particularly a problem affecting the left side of Mr. Whiteside’s body. In an effort to deal with his physical problems and learn skills useful in the marketplace, Mr. Whiteside was admitted to a rehabilitation center. Indeed, the rehabilitation center was instrumental in Mr. Whiteside obtaining employment with Morrison.

In 1986, Mr. Whiteside completed a Morrison employment application wherein he indicated in the medical history section of the form that he had “limited range and weight ability of left arm/hand.” He was initially hired as a part-time employee, but eventually engaged to work full-time due to being regarded as a highly competent and dependable worker.

In September 1987, approximately one year and four months after obtaining employment with Morrison’s, Mr. Whiteside felt pain in his shoulder while shoveling ice from an ice machine in an effort to ice down a salad bar. He continued to work until the pain became so intense that he reported the incident to a manager. When he requested permission to seek medical attention, the manager told him to sit down and relax, but the pain spread to his chest, arm, and back. After approximately one hour of sitting, he left and, using one hand, drove himself to a hospital where it was discovered that he had suffered a hemorrhage which flooded the brain and base of the brain with blood. Since the injury, Mr. Whiteside has been unable to care for himself and lives at home with his mother who is dying with cancer. His condition substantially limits what he is capable of doing and requires supervision 24 hours a day. It should be noted that two neurologists testified that Mr. Whiteside is totally and permanently disabled and is expected to get worse over time. The incident has left him paralyzed on his left side with some weakness on the right side. According to one of the neurologists, any activity involving a strain, such as sexual intercourse or a difficult bowel movement, can increase the chances of another hemorrhage. The possibility of death increases substantially with each hemorrhage.

The trial court found that Mr. Whiteside had suffered a compensable injury arising out of and in the course and scope of his employment. The court also determined that Mr. Whiteside was permanently and totally disabled as a result of the September 1987 injury. It was stipulated prior to trial that the employer had knowledge of the limitation concerning the left side of Mr. Whiteside’s body at the time he was hired. The complaint against the Second Injury Fund was dismissed, giving rise to this appeal.

The employer contends that the trial court erred by not shifting a portion of the responsibility for benefits under T.C.A. § 50-6-208(a)1 to the Second Injury Fund. [215]*215The claim is made by the employer that the trial court based its decision upon the Plaintiff not having had any previous workers’ compensation claims to trigger the statute. The Second Injury Fund maintains that there is no indication in the record that the trial court based its determination that the Second Injury Fund had no liability solely because the Plaintiff had no prior workers’ compensation awards. According to the Second Injury Fund, the complaint was properly dismissed because, while the employer had knowledge that Mr. Whiteside was handicapped with a previous disability, that knowledge was limited to the fact that Mr. Whiteside had limited range and weight ability of his left arm and left hand, as opposed to having knowledge specifically of the arteriovenous malformation. The trial court’s finding of permanent and total disability is not challenged by the parties.

We note at the outset that review of findings of fact by the trial court is de novo, accompanied by a presumption of correctness of the findings, unless the preponderance of the evidence is otherwise. T.C.A. § 50-6-225(e). “This standard differs from that previously provided and requires this Court to weigh in more depth factual findings and conclusions of trial judges in workers’ compensation cases.” Humphrey v.- David Witherspoon, Inc., 734 S.W.2d 315 (Tenn.1987). Under the material evidence rule, this Court was required to accept the findings of fact of trial courts if those findings were supported by any material evidence. Anderson v. Dean Truck Une, Inc., 682 S.W.2d 900, 901-02 (Tenn.1984). However, we are no longer bound by the findings of the trial court in these cases and now determine where the preponderance of the evidence lies. Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn.1988).

After reviewing the record before us, we cannot completely agree with the employer’s contention that the basis for the dismissal was the lack of prior workers’ compensation claims, although, admittedly, that implication is present. Ruling from the bench, the Chancellor stated:

“The next issue is, does the Second Injury Fund have liability? And in this matter the court finds that James W. White-side had no previous workers’ compensation claims. The Court has given due consideration to the rehabilitation program that he was in, and due consideration to his previous jobs, his previous employment.
The Court finds that the Second Injury Fund has no liability. The third-party complaint is dismissed.”

Moreover, the written order gives no reason for dismissing the third-party complaint, although it does make reference to Mr. Whiteside not having any prior workers’ compensation claims. It may be that the references to prior workers’ compensation claims was meant to explain why subsection (b) of the statute would not apply, but this does nothing to explain why subsection (a) would or would not be triggered by the court’s finding that the employee was permanently and totally disabled. This is the reason that the Second Injury Fund maintains that the court, by implica[216]*216tion, opined there were knowledge problems concerning the application of subsection (a). To be sure, the rationale for the court’s holding is unclear.

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Related

Corcoran v. Foster Auto GMC, Inc.
746 S.W.2d 452 (Tennessee Supreme Court, 1988)
Murray Ohio Manufacturing Co. v. Yarber
446 S.W.2d 256 (Tennessee Supreme Court, 1969)
Humphrey v. David Witherspoon, Inc.
734 S.W.2d 315 (Tennessee Supreme Court, 1987)
Anderson v. Dean Truck Line, Inc.
682 S.W.2d 900 (Tennessee Supreme Court, 1984)

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Bluebook (online)
799 S.W.2d 213, 1990 Tenn. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiteside-v-morrison-inc-tenn-1990.