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Blackwell v. Madison County Sheriff's Department3/1/2000
he bomb scare incident and his coronary artery disease, which necessitated the bypass surgery. The disease developed slowly over time and manifested itself on June 3 and 6 as angina, which is a symptom of the disease and not a disease itself. The plaintiff's alleged disability stems from his coronary artery disease and not from angina. The medical evidence also preponderates against a finding of a permanent impairment, as none of the treating physicians restricted the plaintiff's work activities. In addition, Dr. Garey and Dr. Humphreys both testified that plaintiff's post-surgery complaints of chest pain in February, 1997, were caused by anxiety and were not cardiac-related.
Therefore, we find that the evidence preponderates against the findings of the trial court and reverse the judgment of the trial court. The plaintiff's complaint is hereby dismissed. Costs of this appeal are to be paid by the plaintiff.
L. T. LAFFERTY, SENIOR JUDGE
CONCUR:
JANICE M. HOLDER, JUSTICE
F. LLOYD TATUM, SENIOR JUDGE
JUDGMENT
This case is before the Court upon motion for review pursuant to Tenn. Code Ann. ยง 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs will be paid by Barry L. Blackwell, for which execution may issue if necessary.
It is so ordered.
PER CURIAM
HOLDER, J. - NOT PARTICIPATING
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