Fann v. Advance Transformer Co.

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 judge found the plaintiff had suffered 4 percent permanent partial disability to both upper arms. The defendant raises two issues on appeal: (1) whether the trial judge erred in awarding disability benefits against the defendant and (2) whether the award of disability benefits to the plaintiff was contrary to the preponderance of the evidence. We affirm the judgment. The plaintiff began employment with the defendant in July or August of 1996. The plaintiff used computers, calculators, typewriters, word processors, fax machines, copiers, forklifts, micrometers, calipers, and other gauges in various jobs he performed for the defendant. In November 1996, the plaintiff began to experience problems with his hands. Dr. Cletus J. McMahon treated the plaintiff and in July 1997 did carpal tunnel surgery on both arms. After the surgery, the plaintiff returned to work for the defendant but was laid off two days later. The plaintiff was not recalled when other employees were recalled to work by the defendant. 2