Special Judge Hamilton v. Gayden, Jr.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This declaratory judgment action likely created an interest that otherwise might not have existed or, perhaps, might not have manifested itself. The employer filed the action alleging that its employee reported that she experienced pain in her neck on August 17, 1995, that she was successfully treated and returned to work on September 12, 1995, that her medical expenses had been paid, and that the plaintiff [employer] should be "discharged from responsibility to defendant [employee]." A counter-claim followed in course, with the employee alleging that her neck injury resulted in temporary total disability, temporary partial disability, permanent impairment and disability, together with the incurrence of medical expenses. The trial court found the issues in favor of the employee and awarded her benefits based upon a twelve and one-half percent disability to her whole body, thus entitling her to a recovery of $2,793.5 to be paid in a lump sum. By separate order the employee was awarded $6. discretionary costs. The propriety of these awards is questioned on appeal. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. T.C.A. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The claimant is 37 years old, with limited marketable skills. She was initially employed in 1991 or 1992, according to her testimony. In 1992 "something happened to my neck" while loading a spool of wire. Two or three