Glenn M. Berger v. Lear Seating Corporation

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). In this case, the plaintiff brought suit against the defendant, alleging that he was entitled to workers' compensation benefits as a result of back injuries which he suffered during his employment in August 1994 and May 1996. The trial court found that the plaintiff timely notified the defendant of these injuries and determined that these injuries arose out of and in the course and scope of his employment with the defendant. The trial court awarded the plaintiff 1 percent permanent total disability but did not award him certain discretionary costs. The trial court denied the defendant's motion to reduce the judgment by the amount of social security benefits attributable to employer contributions under Tenn. Code Ann. _ 5-6-27(4)(A). The defendant appeals and raises the following issues: "1. Whether the trial court erred in determining that the plaintiff provided adequate notice of an injury as defined by Tenn. Code Ann. _ 5-6- 21, 5-6-22? 2. Whether the plaintiff's claim for benefits is barred by the one-year statute of limitations as set forth in Tenn. Code Ann. _ 5-6-23? 3. Whether the court erred in its award and assessment of benefits in light of the medical and lay testimony at trial? 4. Whether the trial court erred in awarding permanent total disability? 5. Whether the trial court erred in denying defendant's Motion to Reduce the Judgement [sic] by the amount of social security benefits attributable to employer pursuant to Tenn. Code Ann. _ 5-6-27 (4)(A)?" The plaintiff raises this single issue on appeal: 2