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Davis v. Liberty Mutual Insurance Co.2/23/2001
In this workers' compensation case, the employee, Pauline Davis, has appealed from the trial court's judgment denying her claim for benefits filed against her employer, DeRoyal Industries, Inc. The employee, who worked as a sewing machine operator, was overcome by noxious fumes which she alleges caused a mental injury. On a subsequent occasion the employee injured her shoulder. The trial court awarded benefits for the shoulder injury but denied benefits for the mental injury. The employee appealed, arguing that she is disabled due to her mental injury. The appeal was argued before the Special Workers' Compensation Appeals Panel pursuant to Tenn. Code Ann. § 50-6-225(e)(3), but transferred to the full Supreme Court prior to the Panel issuing its decision. Three questions are presented for our review: (1) whether the trial judge abused his discretion in not recusing himself, (2) whether the trial court erred in appointing an independent psychiatrist to evaluate the employee, and (3) whether the evidence preponderates against the trial court's finding that the employee failed to prove a work-related psychiatric injury. After carefully examining the record and the relevant authorities, we affirm the trial court's judgment.
Tenn. Code Ann. § 50-6-225(e); Judgment of the trial court affirmed.
Frank F. Drowota, III, delivered the opinion of the Court, in which E. Riley Anderson, C.J., Adolpho A. Birch, Jr., Janice M. Holder, and William M. Barker, JJ. joined.
OPINION
BACKGROUND
The employee, Pauline Davis, is 53-years-old and has an 11th grade education. She was a homemaker for most of her working life. In 1989, she began working in the employer's plant as a sewing machine operator.
On February 11, 1993, the employee was at her work station when she smelled an odor and her eyes and throat began to burn. She got dizzy, passed out, and was taken to a hospital where she was treated for carbon monoxide poisoning. On the same date, the employee inhaled fumes from glue used to put together boots, along with fumes from a concrete sealer which had been used on the employer's premises. The employee was hospitalized for two days and later developed nausea, diarrhea, headaches, a rash, depression, and memory problems. She returned to work a week after the incident. Following a shoulder injury on October 19, 1993, the employee filed suit to recover benefits for that injury, along with her mental injury. Her employment was terminated in June 1994.
The employee was treated or evaluated by several physicians. One of these physicians was Dr. James Lockey, an occupational disease specialist. The employee presented to Dr. Lockey with complaints of memory loss and depression. According to Dr. Lockey, the employee's symptoms were compatible with carbon monoxide exposure and exposure to the glue and concrete sealer used in the employer's plant. Dr. Lockey testified that the employee had a lengthy history of psychiatric problems. He believed that the employee had not sustained any permanent physical impairment as a result of the incident at work on February 11, 1993. He declined to offer an opinion on the employee's mental disability.
The employee was also seen by Dr. Lane Cook, a psychiatrist, complaining of anxiety, panic attacks, fear from being away from home, and depression. Dr. Cook testified that the employee had a 15-year history of depression for which she had taken medication. He assigned a mental impairment rating of 40 percent and believed that the noxious fumes had aggravated the employee's pre-existing depression. However, Dr. Cook was not able to determine what portion of the employee's mental impairment was due to the exp
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