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Bilyeu v. Sherwin Williams Company6/21/2002
Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. ยง 50-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
Facts
The plaintiff was fifty years of age at the time of this trial. He completed the eleventh grade in high school and has his GED. He did not attend college or any vocational school. He had worked continuously as the manager of the Sherwin Williams paint store in Madison, Tennessee, from 1973 until September, 1999. His duties as manager included selling paint and related sundries as well as a great deal of mixing and tinting paint.
The plaintiff testified that in May of 1998, he began having breathing problems. These problems seemed to be exacerbated whenever the plaintiff was around paint. He reported these problems to his supervisors and went to see his general practitioner, who referred him to pulmonologist William Faith. Dr. Faith saw the plaintiff twice in 1998, and he testified by deposition that he was suspicious that the plaintiff's breathing problems were related to his occupation but he reached no definitive diagnosis at that time. Based upon his initial report to his supervisors in May of 1998, he was denied benefits on the grounds of there being no evidence to support a claim under the Workers' Compensation Act.
The plaintiff testified that his condition fluctuated between June of 1998 and September of 1999, when he began having more serious problems breathing. During that time period, he continued working in his normal duties as store manager at Sherwin Williams. He returned to see Dr. Faith in September of 1999 and Dr. Faith advised him that he had occupational asthma.
The plaintiff was then sent by his employer to Dr. Brevard Haynes, a pulmonologist in Nashville. Dr. Haynes examined the plaintiff and determined that he did have asthma, but questioned whether the asthma was caused by working at the paint store.
Beginning in September of 1999, the plaintiff was unable to continue to perform his duties as store manager for Sherwin Williams.
The plaintiff was a smoker. He smoked approximately two packs of cigarettes a day from when he was very young until September of 1999, when he cut back to one pack a day.
Medical Evidence
The medical evidence for the purpose of the issues raised in this case was presented by the depositions of Dr. William Faith and Dr. James Brevard Haynes.
Dr. Faith, a board-certified pulmonologist in Nashville, testified that he first saw the plaintiff on May 26, 1998. On that date, the plaintiff came to Dr. Faith's office complaining of shortness of breath. Dr. Faith examined the plaintiff, gave him an inhaler to use when his breathing problems returned, and asked him to keep a record of any breathing problems he might have over time. Dr. Faith testified that he next saw the plaintiff on June 15, 1998. At that time the plaintiff reported that he was still having breathing problems, mainly when he was at work. Dr. Faith testified that at that time he was under the impression that the plaintiff was suffering sensitivity to something at work. Dr. Faith did not see the plaintiff again until September of 1999, at which point his breathing problems had worsened considerably. Dr. Faith testified
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