Phelps and Amanda Lee Phelps v. Tennessee Woolen

This workers' compensation appeal has been referred to theSpecial Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6- 225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants, Tennessee Woolen Mills, Inc. and The Travelers Insurance Company appeal the judgment of the Chancery Court of Smith County, where the Trial Court granted partial summary judgment in favor of the plaintiff, Lana Phelps, finding that there were no material factual issues in dispute on the issue of causation and that the plaintiff was entitled to a judgment as a matter of law when the decedent, Joseph Phelps, sustained an injury by accident which arose out of and in the course of his employment at Tennessee Woolen Mills when he fell off a ladder and subsequently died of sudden cardiac death. The trial court incorporated its order of partial summary judgment in its final order awarding plaintiff a total recoveryof one hundred forty-five thousand two hundred and four dollars ($145,24.). For the reasons stated in this opinion, we reverse the judgment of the trial court and remand this case for a hearing on the merits. Tenn. Code Annotated _5-6-225 (e)(1999) Appeal as of Right; Judgment of the Chancery Court; Reversed and Remanded. WEATHERFORD, SR. J., in which BIRCH, J. AND RUSSELL, J. joined. Janelle S. Evyan, Memphis, Tennessee, for the appellants, Tennessee Woolen Mills, Inc. and The Travelers Insurance Company Bratton H. Cook, II, Smithville, Tennessee and Jacky O. Bellar, Carthage, Tennessee for the appellees, Lana Phelps, individually and as next friend/guardian of her two minor children, Kurtis Tyler Phelps and Amanda Lee Phelps. MEMORANDUM OPINION The decedent, Joseph Phelps, was employed by Tennessee Woolen Mills, Inc. on January 2, 1995 as an electrician. He was married to Lana Phelps and they had two minor children, Kurtis Tyler Phelps and Amanda Lee Phelps, at the time of Mr. Phelps' death at age 56. According to Safety Manager, Roger Osborn's report at approximately 1:1 to 1: 15 p.m., on January 2, 1995, Joseph Phelps was "engaged in the process of installing a folding machine in the finishing department on the second floor. In particular he was installing a metal support to which a folding machine would later be attached." Apparently, as described by workers in this area, Mr. Phelps was climbing up a ladder and about half way up when he fell. Judy Williams (sewing machine operator in the nearby area) observed Mr. Phelps falling via peripheral vision. Mrs. Williams also mentioned that she thought Mr. Phelps was carrying something in his hand. At the time Mr. Phelps made impact with the floor, a loud "bang" occurred. Several employees responded to the area after hearing this noise. Sometime thereafter, employees began to perform CPR. Approximately five to ten minutes later the ambulance arrived and transported Mr. Phelps to University Medical Center. The report also stated that, "Mrs. Hardin was the first person to see Mr. Phelps on the floor [and stated] that he `may have' hit his head on the hitch of a blanket truck in the near vicinity of the ladder." Scott Giles, D.O., Emergency Medicine Physician, treated Joseph Phelps in the Emergency Room in Lebanon, Tennessee. Dr. Giles testified that Mr. Phelps essentially had no vital signs when he arrived at the hospital and none of their resuscitative efforts were successful. Mr. Phelps was pronounced dead approximately ten minutes after his arrival. Dr. Giles assessed Mr. Phelps cause of death as "sudden cardiac death" which is caused by a massive heart attack or "an arrhythmic event." The plaintiff filed her complaint for workers' compensation benefits on April 19, 1995 alleging that the decedent sustained an accidental injury arising out of and in the course of his employment and as a consequence of the accident, plaintiff claimed that the decedent suffered a cardiac arrest which caused his death shortly after the accident. On October 19, 1995, the plaintiff moved to amend her complaint to add that the decedent's sudden cardiac death was (1) an accidental injury which arose out of and in the course of his employment with Woolen Mills, and alternatively (2) an occupational disease pursuant to Tenn. Code Annotated _5-6-31 et seq. The trial court granted the motion by order entered November 22, 1995. On April 2, 1996, plaintiff filed a motion for summary judgment, claiming that she was entitled to judgment for statutory benefits due them as a matter of law, and filed the deposition of -2-