Phineas Dorris v. American Limestone Company, 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 appeal, the employer questions the trial court's findings as to notice, compensability and extent of vocational disability. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. Tenn. Code Ann. _ 5-6-225(e) (22 Supp.) Appeal as of Right; Judgment of the Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. W. Randall Wilson and Lynda Motes Hill, Chattanooga, Tennessee, for the appellant, American Limestone Company, Inc. C. Michael Lawson, Nashville, Tennessee, for the appellee, Phineas Dorris MEMORANDUM OPINION The employee or claimant, Dorris, initiated this civil action to recover workers' compensation benefits. The trial court awarded permanent vocational disability benefits based on 75 percent to the body as a whole. The employer, American Limestone, 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.