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Suits v. M & M Mars10/5/2005
t of her state of anxiety." This motion was allowed as it alleged another injury arising from the work-related accident in question.
The main expert medical evidence concerning a lung or breathing problem was the testimony of Dr. Suresh Enjeti who specialized in pulmonary problems. He testified her history of breathing problems went back to1997 when she saw another doctor in their office and that the patient indicated she had asthma since childhood. The doctor felt her condition had changed since then and had become worse due to exposure at work to certain chemicals, fumes, etc. He gave a 51 to 100 percent impairment but testified the incident at work during October 1998 would not have caused a deterioration of her breathing or lung condition.
The Chancellor found plaintiff had a pre-existing breathing problem and that the evidence was not sufficient to connect an aggravation of this condition to the accident in question. The court also was not convinced psychiatrist Ferguson's testimony should be accepted in his effort to connect her present breathing condition to her state of depression resulting from the accident.
In our examination of the record, we conclude that Dr. Enjeti's evidence supports the new and different cause of action which the amendment to the pleadings did not allow. We do not find the evidence preponderates against the court's dismissal of this claim.
Conclusion
Having found the evidence does not preponderate against the findings of the Chancery Court, the judgment is affirmed. Costs of the appeal are taxed to plaintiff and her sureties.
JUDGMENT
This case is before the Court upon 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 memorandum Opinion of the Panel should be accepted and approved; and
It is, therefore, ordered that the Panel's findings of facts and conclusions of law are adopted and affirmed and the decision of the Panel is made the Judgment of the Court.
The costs on appeal are taxed to the appellant, Phyllis I. Suits, for which execution may issue if necessary.
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