Masters v. Industrial Garments Mfg. Co., Inc.
| Decision Date | 17 March 1980 |
| Citation | 595 S.W.2d 811 |
| Parties | Jessie Lee MASTERS, Plaintiff-Appellee, v. INDUSTRIAL GARMENTS MANUFACTURING COMPANY, INC., Defendant-Appellant. |
| Court | Tennessee Supreme Court |
Charles T. Herndon, IV, Johnson City, for defendant-appellant; Herndon, Coleman, Brading & McKee, Johnson City, of counsel.
Howard R. Dunbar, Johnson City, for plaintiff-appellee; Dunbar & Dunbar, Johnson City, of counsel.
The defendant employer appeals from the decree of the Chancery Court awarding to the plaintiff employee workmen's compensation benefits for 50% permanent partial disability of the body as a whole. The defendant complains that the evidence is insufficient to support the finding of the trial court that (1) she sustained an injury arising out of and in the course of her employment as a seamstress on April 27, 1977, and (2) that the notice provisions of the workmen's compensation laws were satisfied. Other errors are alleged but we do not deem it necessary to consider them.
The plaintiff contends that she suffered an injury to her back while lifting bundles of pants on the job on April 27, 1977, which resulted in pain that caused her to leave the job at about 2:00 p. m. on that date. She testified to that effect and further that early in the morning hours of May 2, 1977, her back pain became so severe that she sought relief at an emergency room of a hospital in Johnson City. She was treated in the emergency room for a kidney infection and after being off from work for several days returned to her job where she continued to work for several months. She sought medical attention from several physicians: Dr. Webb, a general practitioner, Dr. Phil Roe, a gynecologist, Dr. Sam Huddleston, an orthopedic surgeon, Dr. Horace Cupp, a neurosurgeon, Dr. William Kennedy, an orthopedic surgeon and Dr. Ronald Rosenthal, an orthopedic surgeon.
Two witnesses, Shelia Hughes, the plaintiff's union president, and Thelma Banner, the plaintiff's supervisor, testified that on April 27, 1977, the plaintiff complained that lifting the bundles of garments upon which she was working caused pain in her back and that for this reason she needed a "bundle boy" to move the bundles for her. However, neither witness testified that upon this occasion the plaintiff complained of having received an injury of any kind.
It is well settled that except in an obvious case, such as an amputation of a limb or a portion thereof, the employee must establish by expert medical evidence that the injury and disability of which he or she complains was caused by an accident arising out of and in the course of employment. Mazanec v. Aetna Insurance Company, Tenn., 491 S.W.2d 616 (1973). It is also well settled that this Court does not weigh the testimony of various witnesses but is limited to ascertaining whether the record contains any credible evidence from which causation may be found.
In the case at bar the plaintiff relies upon the testimony of Dr. Rosenthal for proof of both causation and permanency of her alleged injury. Accordingly, we have carefully examined Dr. Rosenthal's testimony. Dr. Rosenthal examined the plaintiff on one occasion as a consultant at the request of Dr. Roe of Johnson City. Based upon the history given him by the plaintiff and upon x-rays taken of her back and upon his physical examination of the plaintiff, Dr. Rosenthal testified that:
The above quoted excerpts from the testimony of Dr. Rosenthal are, in our opinion, adequate to support findings by the trial court that the plaintiff strained her back while lifting bundles of pants on the job and that this strain combined with pre-existing degenerative arthritis of her spine resulting in a pain causing condition which probably will be permanent. Thus, there is medical evidence to support the trial court's findings of causation and permanency of the injury.
The defendant also contends that the plaintiff employee failed to give notice of injury as required by T.C.A., § 50-1001, which provides as follows:
"Every injured employee or his representative shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and practicable, give or cause to be given to the employer who has not actual notice, written notice of the injury, and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the provisions of the Workmen's Compensation Law from the date of the accident to the giving of such notice, unless it can be shown that the employer had actual knowledge of the accident; and no compensation shall be payable under the provisions of this law unless such written notice is given the employer within thirty (30) days after the occurrence of the accident, unless reasonable excuse for failure to give such notice is made to the satisfaction of the tribunal to which the claim for compensation may be presented."
The plaintiff makes no claim that written notice was given, so that, the real inquiry is whether the employer had "actual knowledge of the accident" and injury. The plaintiff contends that material evidence of actual knowledge on the part of the employer is shown by her testimony as follows:
Shelia Hughes testified, in pertinent part, as follows:
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...claimed injuries and the employment activity. Orman v. Williams-Sonoma, Inc., 803 S.W.2d 672 (Tenn.1991); Masters v. Industrial Garments Mfg. Co., 595 S.W.2d 811, 812 (Tenn.1980). The same holds true in cases involving heart attacks. See e.g., Ward v. Commercial Insurance Co., 213 Tenn. 100......
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Orman v. Williams Sonoma, Inc.
...relationship alluded to above between the claimed injury (and disability) and the employment activity. Masters v. Industrial Garments Mfg. Co., 595 S.W.2d 811, 812 (Tenn.1980). It is entirely appropriate for a trial judge to predicate an award on medical testimony to the effect that a given......
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McCall v. National Health Corporation, No. M2004-00261-WC-R3-CV (Tenn. Sp. Workers Comp. 11/3/2006), M2004-00261-WC-R3-CV.
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Grace v. Kehe Food Distributors, Inc., No. E2005-0064-WC-R3-CV (TN 3/29/2006)
...while material facts are accessible and to provide timely and proper treatment for the injured employee, Masters v. Industrial Garments Manufacturing Company, 595 S.W.2d 811 (1980). "In determining whether an employee has shown a reasonable excuse for failure to give such notice, courts wil......