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Warren v. TML Insurance Pool3/1/1999
REVERSED AND DISMISSED
OPINION
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.
In his complaint, the plaintiff charges that his "hypertension and heart problems" were caused or aggravated by stress of working as a law enforcement officer. After finding that "the record does not reveal any single triggering incident that would necessarily bring this case within the purview of § 7-51-201 of the Tennessee Code Annotated," the trial court found " here is, however, a series of events, any one of which standing alone would have sufficed." The defendant stipulated that plaintiff suffered permanent and total disability to the body as a whole and the court entered judgment in favor of the plaintiff accordingly. On this appeal, the defendant, Tennessee Municipal League, presents issue attacking the trial court's finding that plaintiff's hypertension and heart disease were causally related to his employment as a police officer.
Plaintiff began his employment with the City of Parsons, Tennessee Police Department in 1975 and was promoted to Chief of Police in 1992. On September 25, 1995, while en route to patrol the industrial park in Parsons, plaintiff fell asleep at the wheel of his patrol car and it left the roadway. Plaintiff awoke when the automobile was on the shoulder, and thus there was no accident or injury. Plaintiff was experiencing chest pain and had experienced chest pain for years prior to this occurrence. On October 3, 1995, he sought medial attention for chest pain.
The plaintiff was first diagnosed with hypertension in 1977. He was hospitalized in May, 1989 and underwent heart catheterization and angiography which showed significant heart artery blockage. His blood pressure was "moderately elevated," and he continued to have hypertension. Plaintiff was placed on medication for hypertension control and for heart artery blockage. Plaintiff was treated in 1989 by Dr. Joseph Blankenship and plaintiff returned to Dr. Blankenship on October 3, 1995.
Dr. Blankenship, a cardiologist, testifying by deposition, stated that hypertension has an effect on the heart in that it enlarges and damages the heart muscles, increases the risk of heart attack and strokes, and tends to be a causative factor in the development of congestive heart failure. Dr. Blankenship was of the opinion that plaintiff probably was under job stress that aggravated his tendency to hypertension, but he also stated that he could not "medically" say that his illness and hospitalization in October, 1995 was or was not related to his work as a policeman. Dr. Blankenship also testified that smoking, obesity, and family history were additional risk factors present in plaintiff's medical history that would increase his risk of congestive heart failure and coronary artery disease. Plaintiff also had a family history of hypertension, which is a risk factor for heart diseases. Dr. Blankenship's records contained no history of any specific stressful or traumatic incident that occurred while plaintiff was working as a policeman for the City of Parsons. Dr. Blankenship testified that plaintiff's congestive heart failure would prevent him from returning to his former employment or any physically demanding occupation, if not well-controlled.
On October 2, 1996, plaintiff was seen for an independent medical examination by Dr. Pervis Milnor, Jr., a cardiologist, at the request of plaintiff's attorney. Dr. Milnor testified by deposition. He diagnosed plain
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