Connie Covington v. Nagle Industries, Inc.

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. In this case the plaintiff ran afoul of the well-settled principle that the issues in a workers' compensation case, like any other, must be proved by a preponderance of the evidence. The trial judge ruled that the appealing plaintiff failed to carry her burden of proving causation and dismissed her claim for permanent, partial disability benefits. 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. TENN. CODE ANN. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The plaintiff alleged that on September 9, 1993 she sustained an injury to her elbow, arm, and both wrists, diagnosed as bilateral carpal tunnel syndrome which in the passage of time resulted in permanent, partial disability. The defendant filed its answer admitting that the "plaintiff sustained an injury in the course and scope of plaintiff's employment,"1 and denying all other allegations. The plaintiff testified that she began working for the defendant in May, 1991, doing assembly line work which she described as repetitive.2 After four or five months "into the job," her hands became swollen at the end of the 1But wh en the case was called for trial, the parties stipulated that causatio n was an issue. It prov ed to be dispositive. The answer was not amended, but the case was tried as if the defendant denied causation. 2Likely over-done, since she testified that she processed 8 parts per day. 2