Patsy D. Ownby v. Marriot Hotel Services, Inc., D/B/A Marriot Business Services, et al.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 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 asserts that the trial court erred in finding that the employee's injury, caused by a fall in the workplace, arose from her employment. We agree with the findings of the trial court and in accordance with Tennessee Code Annotated section 5-6-225(e) (2) affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Trial Court Affirmed JON KERRY BLACKWOOD, SR. J., in which WILLIAM M. BARKER, C.J., and J. S. (STEVE) DANIEL, Sr. J.,joined. Daniel T. Swanson, Knoxville, TN, for the Appellant, Patsy Diane Ownby. John P. Dreiser, Knoxville, TN, for the Appellee, Marriott Hotel Services, Inc., d/b/a Marriott Business Services. MEMORANDUM OPINION I. FACTUAL BACKGROUND Patsy D. Ownby [hereinafter "the employee"] was employed as a billing specialist for Marriot Hotel Services [hereinafter "the employer"]. She began her employment with the employer in 2. -1- She had an associate's degree in accounting and was 53 years old at the time of trial. On August 15, 23, the employee was attending a daily "stand-up meeting" within her department. As the meeting was concluding, she testified that she walked down an aisle and "her feet caught on the carpet" causing her to fall. She described the fall as "being shot out of a rocket." She further testified that she was wearing non-skid office type shoes, that she had previously stumbled on the carpet, and that she was aware that other employees had stumbled. As a result of the fall, the employee suffered carpet burns on both hands and knees, broke her glasses and watch, and sustained injuries to her right arm, cervical spine and left knee. After the accident, the employee saw Dr. Basile, who was a physician offered to her as a part of a panel of physicians provided by the employer. Dr. Basile referred the employee to several physicians to treat her for her injuries. She was treated by Dr. Finelli with therapy and medication for her cervical spine injury. Dr. Finelli referred her to Dr. Bellner, a physiatrist. Dr. Koenig performed surgery on employee's left knee. She was also seen by Dr. Killeffer for a cervical spine evaluation and Dr. Burns for an arm evaluation. Dr. William E. Kennedy saw the employee for an independent medical evaluation and agreed with Dr. Finelli's assessment that the employee had suffered a 7% impairment of the cervical spine. In addition, Dr. Kennedy, who testified by deposition, further opined that the employee's left knee had a 2% whole body impairment rating, for a combined rating of 9%. II. RULING OF THE TRIAL COURT The trial court found the injury to be compensable, and awarded 22.5% permanent partial disability to the body as a whole. III. STANDARD OF REVIEW The standard of review of issues of fact is de novo upon the record of the trial court accompanied by a presumption of correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Lollar v. Wal-Mart Stores, Inc., 767 S.W.2d 143, 149 (Tenn. 1989). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be afforded those circumstances on review since the trial court had the opportunity to observe the witness's demeanor and to hear in-court testimony. Long v. Tri-Con Industries, Ltd., 996 S.W.2d 173, 178 (Tenn. 1999). IV. ANALYSIS The only issue raised by the employer is whether the trial court erred in finding that the injury arose out of employee's employment. The employer contends that the employee's injuries were caused by an idiopathic fall, and thus not compensable. -2- ****** Document Outline ****** * Page_1 * Page_2 * Page_3 * Page_4 o 4 o 5 o 6 o 7 o 8