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Bradley v. Deroyal Industries Inc.3/24/1999
AFFIRMED.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and Conclusions of law.
Defendants, DeRoyal Industries, Inc. and Liberty Mutual Insurance Company, have appealed from the trial court's ruling that plaintiff, Velma Bradley, was totally and permanently disabled as a result of her work activities with her employer, DeRoyal Industries. At the commencement of the trial, a non-suit was taken as to the Second Injury Fund.
On appeal there are two main issues. First, defendants insist the trial court was in error in allowing a recovery for an "occupational disease" which pre-dated the employment relationship with DeRoyal and which may have been aggravated by employment with DeRoyal. In the second issue, defendants contend the trial court was in error in allowing Dr. C. F. Smith to testify.
Velma Bradley, age 55 years, started working for DeRoyal during April 1983. She was initially assigned to work in the shrink wrap room and remained there until sometime in 1988 when she was transferred to the glue room. DeRoyal is engaged in manufacturing soft goods such as medical supplies. Her job in the glue room involved gluing the soles to orthopedic boots. This work was done in a small room with some ventilation. She used a Bostic super-glue which was stored in a five gallon container and about 2 ½ gallons of glue was used daily in performing this work. The record indicates that while working the lid on the glue container remained off and there was a strong smell of the glue in the work area. Mrs. Bradley testified she never wore a mask or any protective clothing but did use rubber gloves or a sock-like material to protect her hands. Often the gloves would deteriorate to such an extent that she would have to work without them. In addition to coming into contact with the glue, she was required to use a "615 cleaner" in order to remove the glue from machinery.
Plaintiff's daughter, Deborah Bradley, testified she worked for DeRoyal in the shipping department at one time and was aware of the strong smell of glue where her mother worked. She said that during the early part of 1992, she noticed a great change in her mother's mental condition and that when she would come home from work she appeared "glassy-eyed" and would look as if "she was on a high". She stated her clothing and hair would have a strong smell of the glue.
Plaintiff left her employment during March 1992 when her job was relocated to a different plant and she has not worked since. She began to get worse during fall of 1992 and was hospitalized several times during 1992-1993. Another daughter, Kathy Brooks, testified that during a 1993 hospitalization she had lost her memory to such an extent she did not even recognize her children.
James Bradley, Plaintiff's husband, testified he stopped working in order to take care of his wife and that she suffered from asthma and obstructive pulmonary disease prior to working for DeRoyal; that she had high blood pressure and had been a smoker for a long period of time prior to going to work at DeRoyal.
Mrs. Bradley's testimony was somewhat limited at the trial below due to her mental condition. She did state she did not remember being in the hospital in 1993 but did recall going to the hospital from work in 1991 because she could not stop coughing.
The expert medical evidence in the case consists of the testimony of seven doctors. Most all of this evidence supports the Chancellor in his finding that she is u
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