Shyun S. Hamlett v. Heilig-Meyers Furniture Co. and Lumberman's Mutual Insurance Company

This workers' compensation appeal was referred to the Special W orkers' Compensation Appeals Panel of the Supreme Court pursuant to Tennessee Code Annotated _ 5-6-225(e)(3) (Supp. 1998) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This is an appeal by the employee, Shyun S. Hamlett, from a judgment of the Chancery Court of Madison County in favor of the defendants. The chancellor found that the appellant "was outside the course and scope of her employment" at the time of the accidental injury. In her only issue, the plaintiff states that the trial court was in error in its conclusion. We find that the preponderance of the evidence supports the finding of the chancellor and affirm his judgment. The standard of review of factual issues in workers' compensation cases is de novo upon the record of the trial court with a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (1991 and Supp. 1998); Henson v. Lawrenceburg, 851 S.W.2d 89, 812 (Tenn. 1993). Under this standard, we are required to conduct an in-depth examination of the trial court's findings of fact and conclusions of law to determine where the preponderance of the evidence lies.