Bechtel Construciton Co. v. Campbell

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. The issue in this case is whether the evidence preponderates against the finding of the trial court that the employee did not suffer a compensable injury or an aggravation thereof within the purview of the workers' compensation laws. 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 employee initially alleged that she suffered a job-related accident while employed as an apprentice pipe fitter at the TVA Sequoyah Nuclear Plant in Hamilton County on May 14, 1996. This theory was essentially abandoned after the proof was closed, and the employee was permitted to amend her counter- complaint by alleging a gradual injury involving cervical and shoulder pain. Ms. Campbell was initially employed in August, 1995. She was laid off in May, 1996, but was on furlough for two months during her brief employment. She testified that on May 14, 1996, while relaxing during a lunch break, pain developed in her left forearm. Three days later she was laid off due to a reduction in force, and applied for and received unemployment benefits, after certifying to her union that she was able to work. On June 6, 1996, she was injured in an automobile accident, and reported to the treating chiropractor that she had neck and shoulder complaints, not job-related. She did not pursue further chiropractic treatment because "it would mess up her compensation claim." 2