Martin v. Lear Corp.

• Decision Date: 24 October 2002
• Citation: 90 S.W.3d 626
• Parties: Jackie MARTIN v. LEAR CORPORATION.
• Court: Tennessee Supreme Court

90 S.W.3d 626

Jackie MARTIN v. LEAR CORPORATION.

Supreme Court of Tennessee.

October 24, 2002.

Steven H. Trent and Jennifer P. Keller, Johnson City, Tennessee, for the appellant, Lear Corporation.

James M. Davis, Morristown, Tennessee, for the appellee, Jackie Martin.

OPINION

FRANK F. DROWOTA, III, C.J., delivered the opinion of the court, in which ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, JJ. joined.

In this workers' compensation case, we are called upon to determine whether the trial court may admit a form C-32 medical report obtained by the plaintiff from the defendant's "consulting expert," a physician who made a physical examination of the plaintiff. The defendant claims that the physician it hired to make an independent medical examination of the plaintiff is protected from compelled testimony under Tennessee Rule of Civil Procedure 26.02(4)(B). However, the Tennessee's Workers' Compensation Law, specifically Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), clearly permits the admission of testimony, including a medical report form, of an examining physician paid for by the employer in a workers' compensation case. Therefore, we hold that, pursuant to Tennessee Code Annotated sections 50-6-204(f) and 50-6-235(c), the trial court did not err by admitting the physician's medical report.

Factual Background

The plaintiff, Jackie Martin, worked as a seat back assembler for the defendant, Lear Corporation, located in Hamblen County, Tennessee, from November 9, 1989, until September 4, 1998. At the time of trial, Martin was fifty-seven years old. He is married, the father of two grown children, and a veteran of twenty-four years of military service in the United States Army. Martin served two tours of duty in Vietnam. As a result of his military service, he suffers from Post Traumatic Stress Disorder ("PTSD"), which was diagnosed in 1996. Martin's employment at Lear involved repetitive motion in which he lifted the back portion of seats at a production rate of 1,735 per day. On September 23, 1998, Martin filed a complaint seeking workers' compensation benefits, alleging that his physical injuries resulted from his work at Lear and that his PTSD was aggravated by those injuries.

At trial, the plaintiff testified that he began to experience pain in his right elbow and left shoulder in late 1996. In early 1997, Martin reported his injury to his supervisor, Don Shockley, and acquired arm supports from the nurse in the company clinic. Martin also began to see Dr. Randall Greer, a physician on the list of workers' compensation physicians provided by Lear. Greer treated Martin and referred Martin to physical therapy and to another doctor, Dr. Michael Bratton.

In the spring of 1998, Martin began to experience intense pain in both arms, constant inflammation of his elbows, swelling in his right elbow, numbness in his right hand, and a sore spot in the back of his neck. He again visited Dr. Greer, who referred Martin to a neurologist, Dr. Scott Bridges. Following his visit with Dr. Bridges, Martin notified the nurse and a safety officer at Lear that he had been diagnosed with carpal tunnel syndrome, tendinitis in both elbows, bursitis with tendinitis in both shoulders, a ruptured disc in his neck, and two narrowed discs in his neck.

On September 4, 1998, Martin underwent surgery for right carpal tunnel release, performed by Dr. John Ambrosia. Martin later had surgery on his right shoulder on June 15, 1999, performed by Dr. Bratton. On Lear's request, neither doctor gave Martin an impairment rating. Martin testified that, as a result of his employment with Lear, he now suffers from depression, sleeplessness, and constant, disabling pain that prevents him from performing many day-to-day activities.

On April 24, 2000, Lear filed a motion requesting the court to order an independent medical examination by a neurologist. Lear's motion was granted, and Dr. Steven Sanders performed the examination on August 28, 2000. On November 7, Lear notified Martin that Dr. Sanders was a consulting expert only, and that he was not expected to testify. Then, on December 5, Martin filed a notice that he would file Dr. Sanders' form C-32 medical report, obtained by Martin from Dr. Sanders, to be used as evidence under Tennessee Code Annotated section 50-6-235(c)(1). Lear objected, claiming that Tennessee Rule of Civil Procedure 26.02(4)(B) protects from discovery the opinion of a consulting expert who will not be called as a witness.

The trial court found in favor of Martin and admitted the C-32 report into evidence. Dr. Sanders' report agreed with the opinion of Martin's expert, Dr. Gutch, as they both found Martin to have a permanent impairment rating of 39%. Relying on the opinions of Drs. Ambrosia, Bratton, Sanders, and Gutch, and the opinion of Dr. Russell McKnight, a psychiatrist, the trial court found that Martin was permanently and totally disabled and awarded him workers' compensation benefits accordingly.¹

Before the Special Workers' Compensation Appeals Panel, Lear asserted that the trial court erred by admitting the consulting expert's report, by finding that Martin gave adequate notice to the employer, by finding that the work-related injuries aggravated Martin's psychological condition, and by awarding Martin permanent and total disability. The Panel affirmed the judgment of the trial court as to all issues except the trial court's finding that Martin's psychological condition was aggravated by his work-related injuries. However, the Panel found that the trial court's award of permanent and total disability is sufficiently supported by the plaintiff's physical injuries.

We granted Lear's motion for review and now affirm the trial court's judgment.

Standard of Review

In workers' compensation cases, the standard of review is de novo upon the record, accompanied by a presumption of the correctness of the trial court's factual findings, unless the preponderance of the evidence is otherwise. Tenn.Code Ann. § 50-6-225(e)(2); Mannery v. Wal-Mart Distrib. Center, 69 S.W.3d 193, 196 (Tenn. 2002).

Analysis

Examining Physician's Report

Tennessee Code Annotated section 50-6-116 declares the Workers' Compensation statute to be remedial in nature, and directs that the statute "shall be given an equitable construction by the courts, to the end that the objects and purposes of this chapter may be realized and attained." Tenn.Code Ann. § 50-6-116 (1999). "Accordingly, `these laws should be rationally but liberally construed to promote and adhere to the Act's purposes of securing benefits to those workers who fall within its coverage.'" See Watt v. Lumbermens Mut. Cas. Ins. Co., 62 S.W.3d 123, 128 (Tenn.2001) (quoting Lindsey v. Smith & Johnson, Inc., 601 S.W.2d 923, 926 (Tenn. 1980)).

This case involves the interaction between the Tennessee Rules of Civil Procedure and the Workers' Compensation statute. The Tennessee Rules of Civil Procedure apply to all civil actions in this state, see Tenn. R. Civ. P. 1 (2002); however, as this Court has previously held, "specific statutory provisions typically will be given force and effect over more general statutory provisions." Patterson v. Tennessee Dept. of Labor and Workforce Dev., 60 S.W.3d 60, 64 (Tenn.2001); see also Five Star Express, Inc. v. Davis, 866 S.W.2d 944, 946 (Tenn.1993). Therefore, as to issues in workers' compensation cases, the Rules are subject to the more specific Workers' Compensation statute.

Relying upon Tennessee Rule of Civil Procedure 26.02(4)(B), the defendant argues that the trial court erred in allowing the plaintiff to introduce the defendant's examining physician's report at trial because the defendant designated the physician a consulting expert. Rule 26.02(4)(B) provides:

A party may not discover the identity of, facts known by, or opinions held by an expert who has been consulted by another party in anticipation of litigation or preparation for trial and who is not to be called as a witness at trial except as provided in Rule 35.02 or upon a showing that the party seeking discovery cannot obtain facts or opinions on the same subject by other means.

Tenn. R. Civ. P. 26.02(4)(B) (2002).

Plaintiff, however, contends that Tennessee Code Annotated section 50-6-204(f) controls in this case. Section 50-6-204(f) states,

Any physician whose services are furnished or paid for by the employer and who treats or makes or is present at any examination of an injured employee may be required to testify as to any knowledge acquired by such physician in the course of such treatment or examination as same relates to the injury or disability arising therefrom.

Tenn.Code Ann. § 50-6-204(f) (1999). Furthermore, Tennessee Code Annotated section 50-6-235(c) permits any party to use medical reports in lieu of depositions as evidence at trial.

(1) Any party may introduce direct testimony from a physician through a written medical report on a form established by the commissioner of labor and workforce development. The commissioner shall establish by rule the form for the report. All parties shall have the right to take the physician's deposition on cross examination concerning its contents ....

(2) The written medical report of a treating or examining physician shall be admissible at any stage of a workers' compensation claim in lieu of a deposition upon oral examination, if notice of intent to use the sworn statement is provided to the opposing party or counsel not less than twenty (20) days before the date of intended use .

Tenn.Code Ann. § 50-6-235(c)(1) & (2) (1999).

We agree with the plaintiff. While Rule 26.06 protects most "consulting experts," the Legislature has made it clear that in workers' compensation cases, physicians hired by the employer who treat, make, or are present at physical examinations of workers' compensation plaintiffs "may be required to testify." Furthermore, section 50-6-235(c)(1) allows the...