Equity Group, Tennessee v. Sherri Leslie

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 issue is whether the trial court erred in awarding the plaintiff benefits for a disability to her right leg. The plaintiff alleged and the court found that she injured her left knee on July 22, 1993 resulting in disability for which benefits were awarded, not here questioned. Nine months later, in April, 1994, she alleged that during the course of her employment her left knee collapsed, causing her to fall on her right knee resulting in a disabling injury. In the course of time she sought benefits for disability to both knees. The trial court found that both injuries were compensable, and awarded benefits based on 55 percent disability to the left knee and 4 percent to the right knee. The employer argues that the evidence falls short of proving that the plaintiff suffered an injury by accident to her right knee, and that the court's reliance on the testimony of Dr. Roy C. Terry was misplaced because he was not credibly informed. Dr. Terry testified that the right knee injury "could be" related to the July, 1993 injury. From this testimony the defendant extrapolates the argument that Dr. Terry assumed both knee problems arose in 1993, contrary to the testimony of the plaintiff that she injured her right knee in 1994. The argument continues that "could be" testimony alone is not sufficient; that there must be, at least, corroborating lay testimony. This is a correct legal assertion. See Livingston v. Shelby Williams, 811 S.W.2d 511 (Tenn. 1991). But there is corroborative lay testimony in this record. As stated above, the plaintiff testified that her left knee collapsed, causing her to fall on her right knee. It is true that she gave confusing, perhaps conflicting accounts of the episode, but the Chancellor, and not us, is the arbiter of her credibility, and of the weight to be accorded her testimony. See Walls v. Magnolia Truck Lines, 622 S.W.2d 526, 528 (Tenn. 1981). 2