John Matthews v. American Manufacturers Mutual Inc. Co.

This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tenn. Code Ann. _5-6- 225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This case was tried on June 25, 1998. The trial court found that the plaintiff suffered a work-related injury on June 27, 1997, and awarded the plaintiff forty-five percent permanent partial disability to the body as a whole. The court stated that the plaintiff's present disability, whether due to a heart attack or from heart disease, was caused by the exertion and strain of lifting fifty-pound buckets in 9-degree weather in the course of his employment duties. The defendant, American Manufacturers Mutual Insurance Company, has appealed the trial court's decision. After a careful review of the record, we find that the judgment of the trial court must be reversed. At the time of trial, the plaintiff, John Matthews, testified that he was 47 years of age, had a bachelors degree in archeology, and had completed approximately one-half of his studies toward a masters degree in anthropology and archeology. Before pursuing his studies in archeology, the plaintiff did carpentry work, served in the military, and was employed as a service writer for a tire company. After receiving his degree in archeology, the plaintiff was employed by Brockington and Associates, the defendant's insured, as an archeologist from February of 1997 until the alleged injury in June of 1997. At the time of trial, he was working as an instructor at a job-training facility for the handicapped. On Friday, June 27, 1997, the plaintiff was working outside with his supervisor at the site of a proposed guitar company in a heat index of 14 degrees. Their job was to uncover archeological artifacts by removing five-gallon buckets of mud, weighing forty to fifty pounds each, from a six-foot deep trench. The plaintiff recalled that he was perspiring heavily. At approximately 3: p.m., the plaintiff felt a tightness with a little pain below his collarbone and was short of breath. Thinking that it was the heat, he took breaks to cool off and continued to work after drinking some water. He testified that he had no prior history of chest pain or heart disease. He was able to finish the day's work, and the chest pain eased by approximately 6: p.m. Over the weekend, the plaintiff worked in the yard 2