Johnson v. Schevenell Ready Mix, Inc.
Thomas Johnson appealed the dismissal of his worker's compensation claim for permanent disability benefits due to traumatic neurosis from an on-the-job accident in 1978. He sustained a scalping injury and other minor injuries when his "pay-loader" went over a cliff. While employer-selected physicians found no neurological disability, appellant's psychiatrist, Dr. Nancy H. Duckworth, diagnosed permanent disability from traumatic neurosis based on subjective complaints. The trial judge rejected Dr. Duckworth's testimony, citing an incorrect legal principle that medical evidence must have a basis other than subjective complaints. The Supreme Court clarified that T.C.A. § 24-718 allows medical opinions based on subjective findings from qualified experts to establish disability if found credible. The Court vacated the dismissal and remanded the case to the trial court for a new evaluation of witness testimony, including Dr. Duckworth's, and the introduction of further evidence regarding appellant's psychiatric treatment.