 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Willoughby v. Federated Mutual Insurance Company6/20/2002
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 decedent was fifty-seven years of age at the time of his death. He was driving a "demonstrator" vehicle provided by his employer, an automobile dealership, when he suddenly sustained a heart attack, lost control of his vehicle, was involved in a collision and died. His young daughter was in the car with him at the time of the accident.
The plaintiffs allege that at the time of the accident, the decedent was en route to work while driving a vehicle owned, controlled, and supplied by his employer. As such, the plaintiffs contend that the decedent sustained a heart attack as a result of work activities arising out of and in the course of his employment. The plaintiffs further allege that in the month leading up to the decedent's heart attack, the decedent was subject to an unusual amount of stress from his job, such stress being the precipitating factor that caused the heart attack.
Testimony at trial showed that the decedent's daughter was in the car with him at the time of the accident and that he was taking her to school when the accident occurred. Testimony also showed that he was wearing a tee shirt, slacks, and "house shoes" at the time.
Several of the decedent's co-workers as well as his widow testified that it was routine for him to take his daughter to school before coming in to work and that occasionally he would take her to school and then go back home before going in to work. Testimony also showed that the decedent always dressed "professionally" for work and that he would "never" have gone to the dealership for work dressed in a tee shirt and house shoes, although he could and often would sell cars at any time of day or night in any location.
The decedent's co-workers also testified at trial about the nature of their business and the month leading up to the accident. According to testimony, the salesman at the dealership worked on a commission basis with additional bonus incentives for certain numbers of cars sold. January was normally a slow month for car sales, but that particular January the dealership enjoyed its best January sales in a long time. Specifically, testimony showed that the decedent himself had had better January sales than usual.
The decedent was a smoker. Testimony showed that he smoked anywhere from a pack to two and a half packs a day. Testimony also showed that the decedent drank beer daily, and possibly drank as much as a six-pack a day. He had experienced chest pains in the mid-1990's and his widow and co-workers testified that he frequently complained of heartburn and indigestion and carried a bottle of liquid antacid with him wherever he went.
Medical Evidence
The medical evidence for the purpose of the issues raised in this case was presented by: the deposition of Dr. James Farris, a specialist in internal medicine; and the deposition and live testimony of Dr. C. M. Salekin, a specialist in occupational medicine.
Dr. Farris testified about the decedent's personality as someone who tried to excel in the context of his job as a salesman. Dr. Farris did not examine the decedent (inde
Page 1 2 3 4 Tennessee Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|