David Hix v. TRW, Inc., et al.

This workers’ compensation appeal has been referred to the Special Workers’  Compensation Appeals Panel of the 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 sustained a workrelated repetitive exposure hearing loss injury. After he retired for reasons unrelated to the injury, he filed suit in the Criminal Court for Wilson County seeking workers’ compensation benefits. Following a bench trial, the trial court (1) determined that the injury should be assigned to the scheduled member (hearing) rather than to the body as a whole, (2) awarded 50% permanent partial disability to that member, and (3) set the date of injury as the date that the employee first gave notice to the  employer of the injury. The employer appealed arguing that injury should have been assigned to the body as a whole and that the award was excessive. While disagreeing as to the proper date, both the employer and employee argue that the trial court erred in setting the date of injury. We affirm the trial court’s decision to assign the award to the scheduled member (hearing). However, we find that the award was excessive and modify it to 5% permanent partial disability to the hearing of both ears. We have also determined that the trial court erred with regard to its determination of the date of the injury.