McKee Foods Corporation et al. v. James M. Bumpus

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The employee, James Bumpus, appeals the trial court’s ruling that his sternal non-union following open-heart surgery was a noncompensable injury because it was caused by over fifty years of heavy smoking and a chronic cough rather than work-related activities. Mr. Bumpus also appeals the trial court’s ruling that work-related activities did not cause an actual advancement or progression of his pre-existing condition. We find that the evidence does not preponderate against the trial court’s ruling, and affirm the judgment.