Freddie Jane Cook v. Monroe Farmers Coop.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appeal has resulted from a decision of the trial court to dismiss the complaint. The Circuit Judge found the employee had failed to establish she had sustained an injury as a result of her work activities on January 12, 1994. Plaintiff, Freddie Jane Cook, age 55 years, had been employed by defendant, Monroe Farmers Cooperation, for about 6 _ years. She worked as a cashier which involved waiting on customers, stocking, etc. On the day in question, she was walking through a door carrying a gasoline can when she stepped on the threshold board of the door and lost her balance causing her to twist her body. She testified her knees buckled but she did not fall to the floor. She reported the incident to her employer and was referred to a doctor who returned her to work. She continued to work until about January 22. On January 28th she was admitted to a hospital for treatment of depression and anxiety. She remained in the hospital for about thirteen days. She testified the incident at work caused her to suffer neck, arm and knee pain. On cross-examination she admitted having prior problems with depression and anxiety. She said she found it stressful waiting on customers and dealing with her boss; that on occasion she became so nervous she would get physically ill at work and have to stay at home a day or two; that she had sexual and emotional abuse during childhood; had been involved in a series of abusive marriages; she was presently dealing with a husband who had been unfaithful and had a drinking problem; she had been subject to a criminal assault by a step-daughter and she had been convicted of an aggravated assault of a prior husband's girlfriend. Plaintiff's psychiatrist, Dr. Jeffrey D. Greenwood, testified by deposition. He had seen her for several years prior to the incident at work. He stated he hospitalized her during January 1994 for recurrent depression and generalized anxiety problems which was the same diagnosis as in previous visits. When asked if the incident at work was the proximate cause of her hospitalization, he declined to say it was but preferred to say it was "related" to her hospitalization. He was of the opinion the marital infidelity was a large part of the reason for hospital treatment. He also felt her problems with other family members, the history of abuse, etc. all related 2