Teresa M. Mccarley Johnson v. Maury Regional Hospital,

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. As discussed below, the panel has concluded the judgment should be affirmed. The employee or claimant, Johnson, filed this civil action on April 2, 1998 to recover benefits for injuries which she alleged resulted from an injury by accident arising out of and in the course of her employment by the employer. By its answer, the employer denied the occurrence of a compensable work related injury. Following a trial, the trial judge found that the claimant suffered a ruptured disc arising out of and in the course of employment and awarded, among other things, permanent partial disability benefits based on fifty-four percent to the bodyas a whole. As discussed below, this tribunal has concluded the judgment should be affirmed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This standard requires the panel to examine in depth a trial court's factual findings and conclusions. We are not bound by the trial court's factual findings, but must instead conduct an independent examination to determine where the preponderance of the evidence lies.