Rex Brown v. United Parcel Service, Inc. And Liberty Mutual Insurance Company

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The Appellant suffered a stroke while performing his job as a package car driver for his Employer. The stroke occurred while he was being trained to take over a new delivery route. The Employee sought workers’ compensation benefits, alleging that the stroke was precipitated by stress associated with his job, particularly with the adjustment to the new route. In preparation for trial, the Employer took discovery depositions of two medical experts identified as potential witnesses by its Employee. The Employee did not take evidentiary depositions of those witnesses, but sought to introduce their discovery depositions as evidence at trial. The trial court admitted the depositions into evidence over the objection of the Employer. The trial court found that the Employee’s stroke was the result of an occupational disease, precipitated by work-related stress, and awarded permanent total disability benefits. The Employer has appealed, contending that the trial court erred by admitting the discovery depositions into evidence, and finding that the Employee’s stroke was a compensable event. We find that the depositions should not have been admitted into evidence, in accordance with Rule 32.01(3) of the Tennessee Rules of Civil Procedure. After a review of the record without consideration of the depositions, we reverse the judgment of the trial court awarding permanent disability benefits for the stroke and dismiss the portion of the complaint relating to the stroke. The award for an injury to the Employee’s shoulder is not questioned and that portion of the judgment is affirmed.