Doris Barnes v. Cigna Insurance Company

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. 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 findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial court held the plaintiff had sustained a 4 percent permanent partial disability to the right arm1 and a 3 percent permanent partial disability to the left arm as a result of a gradually occurring injury which arose in the course of and in the scope of her employment with Martin Marietta Ordnance Systems, Inc. ("Martin Marietta"). The defendant, Cigna Insurance Company, appeals and raises the following issue about the award to the left arm: "1) Whether the trial court's award of 3% permanent partial disability to the left upper extremity was contrary to the weight of the evidence given the 6.35% anatomical impairment awarded by the evaluating physician and the zero percent (%) anatomical impairment awarded by the treating physician?" We find the award of 3 percent to the plaintiff's left arm was not contrary to the weight of the evidence and affirm the judgment of the trial court.