Garry W. Crowell v. TRW, Inc., et al.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (2008) for a hearing and a report of findings of fact and conclusions of law. An employee who experienced both hearing loss and tinnitus filed suit in the Criminal Court for Wilson County seeking workers’ compensation benefits. Following a bench trial, the trial court assigned the injury to the employee’s hearing as a scheduled member and awarded the employee a 33a% permanent partial disability to his hearing. The employer asserts on appeal that the trial court erred by assigning the injury to the employee’s hearing rather than to the body as a whole. We agree with the employer and reverse the trial court’s decision to assign the injury to the employee’s hearing rather than to the body as a whole.