Geneva Hicks v. Emerson Motor Company

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer contends the evidence preponderates against the findings of the trial court with respect to causation and permanency. The panel finds the preponderance of the evidence to be contrary to the finding of the trial court with respect to causation. The employee or claimant, Geneva Hicks, is 45 with an eleventh grade education. She has worked at a day care center, caring for small children, in a clothing factory and as a fruit packer. She has worked in various jobs for the employer, Emerson, since 198. She has suffered from hoarseness and shortness of breath at work since about 1992, for which she has seen numerous doctors. In the course of her work for Emerson, she was exposed to various fumes. The employer has attempted to accommodate her by transfer to different departments and by the use of fans. She finally commenced this action for workers' compensation benefits for a claimed occupational disease, which she labeled allergic bronchitis. She was referred by her attorney to Dr. A. Clyde Heflin, Jr., who saw her on several occasions and opined in his deposition testimony that she was possibly having asthmatic attacks at work. The doctor was given a list of chemicals and asked and answered as follows: Q. ...(A)t this point in time, do you have an opinion, based upon a reasonable degree of medical certainty, as to what connection this lady's job place has as to her asthmatic condition? A. The list of substances that I've been supplied have numerous items which are -- and maybe we need to regress a second. The workplace environment, as far as causing asthma, you have to understand that asthma we now consider to be this hyper-reactive or irritable state of the lungs; and that is caused or generated by someone or a substance causing what we call an inflammatory condition or direct irritation of the lungs. So there is a long list of substances now known in the workplace that actually can induce asthma; and the classic one of these are TDI's, or diasocyanates, which are used in the plastics industry, for instance. The epoxy resins, which I don't see here specifically listed, but are often used in electrical manufacturing, can cause this as well. 2