Elizabeth A. Mcbroom v. Owens-Corning Corp.

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 appeal, the employer questions the trial court's findings with respect to causation, permanency and extent of disability. As discussed below, the panel has concluded the evidence fails to preponderate against the trial court's findings. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed JOE C. LOSER, JR., SP. J., in which JANICE M. HOLDER, J., and JOHN K. BYERS, SR. J., joined. W. Stephen Gardner and Robert Joseph Leibovich, Memphis, Tennessee, for the appellant, Owens- Corning Corp. Scott G. Kirk, Jackson, Tennessee, for the appellee, Elizabeth A. McBroom MEMORANDUM OPINION The employee or claimant, Ms. McBroom, initiated this civil action to recover workers' compensation benefits for a gradual injury to both arms. At the conclusion of the trial on October 17, 21, the trial court awarded, among other things, permanent partial disability benefits based on 25 percent to both arms. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (22 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.