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Blackwell v. Madison County Sheriff's Department3/1/2000
REVERSED AND DISMISSED
OPINION
This workers' compensation appeal has been referred to the Special Worker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law.
This case arises out of heart problems suffered by a sheriff's deputy. The trial court found that the plaintiff was entitled to the statutory presumption in Tennessee Code Annotated § 7-5-201(a)(1) allowing the court to presume that a law enforcement officer's heart problems are work-related. The trial court found that the plaintiff suffered a 30 percent permanent partial disability to the body as a whole from this injury . Further, the trial court found that a bomb scare on June 3, 1996, was a precipitating factor that caused the plaintiff's problems. The defendant appeals the decision of the trial court, alleging that the court erred in finding that the plaintiff was entitled to the statutory presumption of causation. The plaintiff argues that the trial court correctly found that the presumption applies. He further argues that, even without the presumption, the preponderance of the evidence establishes that the plaintiff's injury arose out of and in the course of his employment with the defendant.
Review of the findings of fact made by the trial court is de novo upon the record, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. § 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 depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991).
After a review of the entire record, briefs of the parties and applicable law, we REVERSE the trial court's judgment.
FACTUAL BACKGROUND
At trial, Barry Lynn Blackwell ("the plaintiff") testified that he was employed by the Madison County Sheriff's Department ("the Department"). He stated that he is a high school graduate and attended Jackson State Community College for two years but did not earn a degree. During his eighteen years of employment with the Department, the plaintiff has served as a patrolman, narcotics officer, and has risen to the rank of lieutenant. Prior to his employment by the Department, the plaintiff took and passed a physical examination. The plaintiff denied any major health problems prior to June of 1996. He has never smoked, consumed alcohol, been hypertensive, or been diagnosed with diabetes or high cholesterol. Of eleven aunts and uncles, only two uncles suffered from heart problems. The plaintiff described his job duties as highly stressful, including attending to the scene of fatal automobile accidents, answering domestic dispute calls, making arrests of violent or intoxicated offenders, and searching for fleeing suspects. As a lieutenant, the plaintiff is responsible for the actions and safety of the officers he supervises.
On June 3, 1996, the Department received a call from a couple who believed that a wrapped package that had been delivered to their home was a bomb from a relative. The couple left the package on their porch and called the Department. The plaintiff immediately sent two officers to the s
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