Bryant v. Genco

• Decision Date: 11 December 2000
• Docket Number: 99-01762
• Citation: 33 S.W.3d 761
• Parties: BERNARD BRUCE BRYANT v. GENCO STAMPING & MFG. CO., INC., et al.IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
• Court: Tennessee Supreme Court

BERNARD BRUCE BRYANT v GENCO STAMPING & MFG. CO., INC., et al.

No. M1999-01762-SC-WCM-CV

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE

October 4, 2000 Session

Filed December 11, 2000

Appeal by Permission from the Supreme Court Special Workers' Compensation Appeals Panel

Circuit Court for Putnam County No. 97N0091

Hon. John A. Turnbull, Judge

The sole issue in this case is whether Tennessee Code Annotated section 50-6-208(a) applies to a pre-existing permanent mental disability. The employee suffered a work-related shoulder injury, treatment for which resulted in aggravation of a pre-existing mental disorder. The trial court concluded that the previous mental disability is included within the purview of Tennessee Code Annotated section 50-6-208(a). The court thereby found both the employer and the Second Injury Fund liable for disability benefits. On appeal, the Special Workers' Compensation Appeals Panel reversed the trial court's apportionment of liability to the Second Injury Fund, holding that section -208(a) does not contemplate pre-existing mental disorders. We affirm the judgment of the Special Appeals Panel and find the employer liable for the full amount of benefits due the employee.

Tenn. Code Ann. § 50-6-225(e); Findings of Fact and Conclusions of Law of the Workers' Compensation Special Appeals Panel Affirmed

Randolph A. Veazey and Connie Jones, Nashville, Tennessee, for the appellant, Genco Stamping & Mfg. Co., Inc.

Ronald Thurman, Cookeville, Tennessee, for the appellee, Bernard Bruce Bryant.

Paul G. Summers, Attorney General & Reporter; Dianne Stamey Dycus, Deputy Attorney General, Nashville, Tennessee, for the appellee, Dina Tobin, Director, Workers' Compensation Second Injury Fund.

William M. Barker, J., delivered the opinion of the court, in which E. Riley Anderson, C.J., Frank F. Drowota, III, and Janice M. Holder, JJ., joined. Adolpho A. Birch, Jr., J., not participating.

OPINION

The appellee, Bernard Bruce Bryant, forty-six years of age at the time of the trial, lost sight in his right eye at the age of thirteen when his eyeglasses shattered, embedding glass in the eye. Nevertheless, he graduated from high school and continued his education at a vocational school, receiving training in the tool and die trade and earning his certification as a machinist.

In 1978, the appellee started experiencing psychological problems, specifically panic disorder, agoraphobia (fear of crowds), and major depressive disorder. He sought treatment from Dr. Robert C. Jamieson in Nashville, who has remained Mr. Bryant's primary treating psychiatrist. Over the years, Dr. Jamieson has prescribed a variety of medications and other treatments to stabilize Mr. Bryant's condition.

Due to his mental impairment, the appellee's work history has been sporadic at best. Before his first panic attack, he worked steadily as a butcher in his father's grocery business. However, once his psychological problems began, he could work for only short periods of time at any one job before his depression and panic attacks would force him to resign. Moreover, for eight years during the period between 1980 and 1990, the appellee's psychological problems rendered him totally disabled and unable to work. During that time, he received Social Security disability income.

On July 20, 1995, the appellee was hired by a temporary agency and placed at Genco to work as a punch press operator. His temporary position became permanent when Genco hired him as an employee on October 16, 1995. The facts are undisputed that at the time the appellee was hired in October, Genco was aware of his pre-existing blindness in his right eye and his pre-existing psychological illnesses.

In January 1996, Mr. Bryant fell at home and injured his right shoulder. Although X-rays were taken of his injury, he continued to work at Genco with no significant problems. But on February 16, 1996, while at work, he tripped over a table in the press room, landing on his right elbow and jarring his previously-injured shoulder. He reported his injury to his supervisor, who sent him to Dr. Tony Hudson for evaluation and treatment. In July, Dr. Hudson referred the appellee to Dr. J. Wills Oglesby, an orthopedic surgeon. Dr. Oglesby diagnosed the appellee as having degenerative changes in the AC (acromioclavicular) joint and possible damage to the superior labrum,¹ and recommended surgery on his shoulder. Mr. Bryant continued to work at Genco until his surgery was performed on August 16, 1996.

As he was being prepared for surgery, the appellee had an adverse reaction as his shoulder was being anesthetized. He described this experience as the sensation of his heart and lungs "shutting down," causing him to suffer a severe panic attack. After the surgery, Mr. Bryant experienced a recurrence of panic attacks at a greater frequency, which exacerbated his depression. He did not return to work at Genco after the surgery and eventually resigned in October 1996.

At trial, Mr. Bryant testified that since the surgery, he has been unable to work due to his aggravated emotional problems and the pain and restricted movement in his right arm and shoulder. He also testified that he suffers from drowsiness and loss of balance as a result of his medication. Vocational expert Dr. Julian Nadolsky testified that in his expert opinion, Mr. Bryant's shoulder injury precludes him from returning to the type of work he had performed at Genco. Dr. Nadolsky also testified that Mr. Bryant has no transferable job skills because his experience and training are applicable only to jobs requiring medium to heavy lifting and frequent use of his right arm or shoulder. Dr. Nadolsky concluded that as a result of the appellee's physical limitations and his mental impairment, "there are no jobs that Mr. Bryant will be able to perform."

The trial court found that Mr. Bryant's pre-existing mental condition "manifested itself in a combined mental and physical disability . . . [because] the panic attacks and emotional problems that he had caused him to be physically unable to do certain things." The trial court concluded that the combination of Mr. Bryant's pre-existing mental condition and his pre-existing loss of sight in his right eye resulted in a total vocational disability of seventy-five percent prior to his employment with Genco.² The trial court further found that the appellee's treatment for his work-related injury reactivated and exacerbated his underlying depression and panic disorder, rendering him now permanently and totally disabled. Nevertheless, the trial court did not assign a percentage of disability to the aggravation of the appellee's mental condition; instead, the court assigned vocational ratings of twenty-five percent permanent partial disability from the loss of his eye, and thirty-two percent permanent partial disability from the shoulder injury. Finding Mr. Bryant's pre-existing mental injuries were within the purview of Tennessee Code Annotated section 50-6-208(a), the trial court ordered that Genco pay thirty-two percent of the disability benefits due the appellee, and that the Second Injury Fund pay sixty-eight percent of such benefits.

The Special Workers' Compensation Appeals Panel affirmed the trial court's vocational ratings; however, the Panel also assigned a permanent partial disability rating of seventy-five percent for the aggravation of his pre-existing mental disorder resulting from treatment for his shoulder. In addition, the Panel reversed the trial court's judgment against the Second Injury Fund, holding that mental injuries do not fall within the scope of section 50-6-208(a), as the statute emphasizes "permanent physical disabilities." (emphasis added). Therefore, the Panel found the Second Injury Fund not liable for any amount of Mr. Bryant's permanent total disability benefits and instead found Genco liable for one hundred percent of the award. Thereafter, Genco filed, and we granted, a motion for full Court review of the Panel's decision pursuant to Tennessee Code Annotated section 50-6-225(e)(5)(B).

DISCUSSION

The sole issue to be decided is whether Tennessee Code Annotated section 50-6-208(a) (1999) applies to a pre-existing permanent mental disability, thereby causing the Second Injury Fund to incur liability for Mr. Bryant's permanent total disability. The statutory provision at issue provides in pertinent part:

(a)(1) If an employee has previously sustained a permanent physical disability from any cause or origin and becomes permanently and totally disabled through a subsequent injury, such employee shall be entitled to compensation from the employee's employer or the employer's insurance company only for the disability that would have resulted from the subsequent injury, and such previous injury shall not be considered in estimating the compensation to which such employee may be entitled under this chapter from the employer or the employer's insurance company; provided, that in addition to such compensation for a subsequent injury, and after completion of the payments therefor, then such employee shall be paid the remainder of the...