Knoxville Poultry & Egg Co. v. Robinson

• Decision Date: 02 March 1970
• Citation: 224 Tenn. 124,451 S.W.2d 675,2 Pack 124
• Parties: , 224 Tenn. 124 KNOXVILLE POULTRY & EGG COMPANY, Inc. v. Ruby Evelyn ROBINSON.
• Court: Tennessee Supreme Court

Page 675

451 S.W.2d 675

2 Pack 124, 224 Tenn. 124

KNOXVILLE POULTRY & EGG COMPANY, Inc. v.Ruby Evelyn ROBINSON.

Supreme Court of Tennessee.

March 2, 1970.

O'Neil, Parker, Williamson & Jarvis, Knoxville, for plaintiff in error.

Asquith, Ailor & Jones, Knoxville, for defendant in error.

OPINION

CRESON, Justice.

This record involves a workmen's compensation proceeding in which the employer, Knoxville Poultry & Egg Company, Inc., is appealing from an adverse judgment rendered in favor of the employee, Ruby Evelyn Robinson, by the Circuit Court of Knox County.

In the course of this opinion, the parties will be referred to as they appeared in the trial court; that is, Ruby Evelyn Robinson as petitioner, and Knoxville Poultry & Egg Company, Inc. as defendant.

On March 14, 1969, petitioner filed her suit seeking workmen's compensation for a 'severe bronchial and respiratory condition.'It was alleged that this condition resulted from constant exposure to dampness and cold temperatures in defendant's plant.Petitioner's theory is that her condition is compensable under T.C.A. § 50--1101, the Occupational Disease section of the Workmen's Compensation Act.

On May 21, 1969, defendant filed its answer denying (1) that petitioner suffered any injury within the purview and meaning of the Workmen's Compensation Law, and (2) that there was any causal connection between petitioner's disability and her employment.

The cause came on to be heard on August 25, 1969.On September 2, 1969, the trial judge entered judgment in favor of petitioner, awarding her benefits for 25% Permanent partial disability to the body as a whole.

Defendant has timely perfected an appeal to this Court and has filed the following assignments of error:

'1.The Court erred in holding that simple bronchitis was one of the occupational diseases listed in Section 50--1101 of the Tennessee Code Annotated.

2.The Court erred in holding that the petitioner's bronchitis was caused by her employment as required by Section 50--1101, Tennessee Code Annotated.

3.The Court erred in awarding the petitioner compensation benefits for permanent disability, there being no evidence to support such a finding.'

Petitioner was forty-two years of age at the date of the trial, and has worked most of her adult life.She began working for defendant in April, 1966.At that time she had never experienced any problems with her lungs.In August, 1967, petitioner took her vacation and entered the hospital to seek treatment for a 'smothering' problem.After three days, Dr. William Swann released her to return to work.At this time, petitioner attributed her difficulties to an overweight condition.

On the night of January 6, 1969, petitioner began to choke and have difficulty in breathing.She again went to Dr. Swann the next day, January 7, and was again hospitalized.She remained in the hospital seven days, and was discharged with the diagnosis of recurrent bronchitis.

Petitioner's job required her to work in cold temperatures, water and ice, all of which is required to maintain the product at proper temperatures.The temperature of the water in which petitioner had a work was 40 degrees.She testified that she had, many times, gotten 'real wet' from working in and around the water and ice.Also, on occasion, she was required to work in temperatures below ten degrees.

After being released from the hospital, petitioner testified that she seldom averaged over three or four hours sleep at night; that she chokes and smothers to an extent that a vaporizer is required to help her breathe.

A letter dated February 5, 1969, from Dr. Swann was introduced at the trial as an exhibit.It stated that petitioner'should not continue at her present job or be employed where exposed to cold and dampness.'

After...