Williams v. Delvan Delta, Inc.

753 S.W.2d 344, 1988 Tenn. LEXIS 111
CourtTennessee Supreme Court
DecidedMay 31, 1988
StatusPublished
Cited by12 cases

This text of 753 S.W.2d 344 (Williams v. Delvan Delta, 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
Williams v. Delvan Delta, Inc., 753 S.W.2d 344, 1988 Tenn. LEXIS 111 (Tenn. 1988).

Opinion

OPINION

FONES, Justice.

In this worker’s compensation case the chancellor found that plaintiff, Doris F. Williams, was totally and permanently disabled as the result of injuries she received in a work-related accident. The chancellor awarded plaintiff past and future medical expenses, and permanent disability benefits. He then ordered the disability benefits commuted to a lump-sum award. On appeal, defendant, Delvan Delta Inc., and its worker’s compensation insurance carrier, Liberty Mutual Insurance Company, present four issues. Whether the chancellor properly found defendants liable for those past medical expenses related to plaintiff’s heart condition? Whether the chancellor properly awarded plaintiff medical expenses not proven by expert medical testimony to be reasonable and necessary? Whether defendants should have received a set-off for voluntary, non-contractual payments made to plaintiff following her accident? Whether the chancellor erred by commuting plaintiff’s compensation award to a lump-sum?

Plaintiff, a forty-three-year-old woman, was injured on 19 April 1983, while performing her duties as a shipping and receiving supervisor for defendant at its Lexington, Tennessee facility. When plaintiff attempted to place a heavy box above her head, she felt her back “pull”. Then, her back began to hurt. Plaintiff reported the incident to her employer and consulted Dr. Robert H. Dunnebacke. Dr. Dunnebacke treated plaintiff with medication. When the medication did not ease the pain, Dr. Dunnebacke referred plaintiff to Dr. George Woods. Dr. Woods admitted plaintiff to the hospital for diagnostic tests and treatment for her back pain. During this hospitalization, nerve blocks were performed on plaintiff to relieve her pain. The morning after this nerve block procedure was performed, plaintiff suffered an incident of ventricular tachycardia (irregular heartbeat). Although plaintiff recovered completely from this incident, she continued to experience pain in her back. Dr. Woods continued treating plaintiff with medication until October 1984.

In February 1984, plaintiff consulted Dr. Robert J. Barnett, an orthopedic surgeon. Dr. Barnett performed fusion surgery on plaintiff in April 1985 in an attempt to relieve plaintiff’s pain. While in the recovery room following this surgery, plaintiff had another incident of irregular heartbeat. Her heartbeat returned to normal after treatment with Lidocaine. Despite this fusion surgery, plaintiff continued to have pain in her back. Dr. Barnett then placed plaintiff in a back brace and treated her symptoms with medication.

Plaintiff consulted Dr. Thomas J. Huber in August 1986. Dr. Huber performed additional tests on plaintiff and determined that additional surgery would not aid her. Dr. Huber continued treating plaintiff with medication, and testified that plaintiff will continue to need medication for her pain.

• Plaintiff testified that she is no longer able to perform any gainful employment because of her back injury. She also stated that she is unable to do housework, work in her garden, or participate in active sports. In addition, plaintiff testified that she is unable to sit without pain. Dr. Barnett opined that as a result of her injury plaintiff has a 30% permanent partial disability to the body as a whole. He also stated that plaintiff could not be employed in a factory environment. Dr. Barnett stated that plaintiff is unable to do any appreciable lifting, and that she could not sit or stand long enough to hold down an eight hour job. Dr. Huber opined that plaintiff has a 20% permanent partial disability to the body as a whole. Dr. Huber *346 also testified that he does not believe plaintiff could work on a regular basis because of her pain problem.

The chancellor found plaintiff permanently and totally disabled as a result of her back injury, and he awarded her permanent total disability benefits. He found defendants liable for all of plaintiffs past and future medical expenses related to this injury. He also found defendants liable for plaintiffs past medical expenses for her heart condition, specifically excluding future medical expenses related to this problem. The chancellor ordered defendants to reimburse plaintiff for medication expenses and travel expenses she had incurred. After a hearing, the chancellor ordered the permanent disability award commuted to a lump-sum award of $46,327.82.

As this cause of action arose prior to 1 July 1985, a review by this Court of the findings of fact made by the trial court is governed by the material evidence rule. Alley v. Consolidation Coal Co., 699 S.W.2d 147 (Tenn.1985).

(1). Whether the chancellor properly found defendants liable for the past medical expenses related to plaintiffs heart condition?

Defendants contend that they are not liable for any medical expenses related to plaintiff’s heart condition because the chancellor found plaintiffs heart condition to be a pre-existing condition, unrelated to plaintiff’s on-the-job injury. Plaintiff argues that the chancellor found that the stress from the treatment for her back injury aggravated her pre-existing heart condition, and therefore he properly concluded that the past medical expenses were related to the back condition.

This Court addressed the question of whether an employee may recover worker’s compensation benefits for the aggravation of pre-existing condition by medical treatment for a work related injury in Elmore’s Variety Store v. White, 553 S.W.2d 350 (Tenn.1977). In that case the employee sustained a puncture wound in a work-related accident. While a dressing on the wound was being changed at the doctor’s office, the employee became faint and nauseated. She then developed a severe headache. Subsequently the employee was paralyzed by a stroke. It was established that the employee’s symptoms were caused by the rupture of a pre-existing aneurism in employee’s brain, while being treated at the office. Medical testimony showed that the rupture of the aneurism was the result of stress or excitement caused by the treatment of the work-related injury. This Court allowed the employee to recover for the permanent disability caused by the stroke because the material evidence supported the causal connection between the treatment for the work-related injury and the aggravation of the pre-existing condition. Id. at 352.

In this case, plaintiff had two episodes of cardiac problems while undergoing treatment for her back injury. The first incident occurred while plaintiff was recovering from the nerve block procedure performed by Dr. Woods. The second incident occurred while plaintiff was in the recovery room following the fusion surgery performed by Dr. Barnett. Dr. James G. Port-erfield, a cardiologist who examined plaintiff after the first incident, testified about the first incident. He stated that plaintiff’s abnormal heart rhythm was the result of a low serum potassium level possibly caused by a diuretic plaintiff was taking for an unknown reason prior to her admission to the hospital. Dr. Porterfield conceded that plaintiff’s serum potassium level was normal at the time she was admitted to the hospital. However, Dr. Port-erfield stated that he was unable to link the incident of irregular heartbeat to the treatment plaintiff received for her back injury.

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Bluebook (online)
753 S.W.2d 344, 1988 Tenn. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-delvan-delta-inc-tenn-1988.