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Collins v. CMH Manufacturing12/28/2000
Mailed -November 14, 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the plaintiff sixty-five percent impairment due to occupational asthma and awarded prejudgment interest to accrued benefits. The defendant argues the trial court's award was excessive because the plaintiff failed to adequately prove through medical testimony the causation and extent of her impairment. The defendant also appeals the amount of prejudgment interest. We affirm the judgment of the trial court as to the impairment award and remand for further findings of facts with regard to the prejudgment interest award.
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Grainger County Circuit Court is Affirmed in Part and Remanded.
John K. Byers, Sr. J., delivered the opinion of the court, in which E. Riley Anderson, C.J. and Roger E. Thayer, Sp. J., joined.
OPINION
FACTS
The plaintiff, age forty-one at the time of trial, does not have a high school diploma but can read, write, do math and handle her own personal and financial affairs. The plaintiff smoked a pack of cigarettes a day for some time and is still exposed to secondhand smoke by her husband regularly. Her work history includes waiting tables, cashiering, "tailing a ripsaw" which involved working around sawdust, and temporary work.
The plaintiff began working for the defendant, a mobile home manufacturer, as a cleaner. Performing her job duties required using various chemicals to clean finished mobile homes. She eventually transferred into the "final finish" department where she cleaned tubs and trailers using an adhesive remover to clean glue and residue from the showers and tubs. The work was such that she was exposed to the chemical fumes. She remained in this position for four or five months.
In the fall of 1995, the plaintiff developed cold/flu symptoms with aches, fever and breathing difficulty. She was off work for a week, and when she returned, she still had a cough. She was then transferred to a position that required application of putty and continued use of spray chemicals. She became ill again in September of 1996 and, at that point, linked her illness to her use work-related use of chemicals. She continued to work, but was moved to different positions. She eventually obtained a medical leave due to breathing difficulty and has not worked for the defendant since October 21, 1996. She has been diagnosed and treated for asthma.
Medical Evidence
Dr. Ernesto Mejia, M.D., a pulmonary specialist, treated the plaintiff for her lung problems. He first saw her the day after she left her employment with the defendant. He found decreased breath sounds and wheezes. A chest x-ray showed some diffuse reticular infiltrate in bases that could be associated with hypersensitivity pneumonitis or exposure to chemicals. Other tests were consistent with early small airway disease-a condition associated with occupational asthma. Dr. Mejia diagnosed occupational asthma and prescribed medication and avoidance of chemicals and smoke. Dr. Mejia opined she must permanently avoid the chemicals used in her work and if she did her condition would not progress. He provided no impairment under the Guides but testified he was unfamiliar with the use of the Guides and had never even given a deposition in a lawsuit.
Dr. John Kinser, M.D., a general practitioner, did an independent medical
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