Royal & Sunalliance v. Barbara Cooper

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's insurer questions the trial court's finding that the employee's injury is causally related to her employment; and the employee questions the sufficiency of the award. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which ADOLPHO A. BIRCH, JR., J., and TOM E. GRAY, SP. J., joined. Diana C. Benson and Larry G. Trail, Murfreesboro, Tennessee, for the appellant, Royal and SunAlliance Keith Jordan, Nashville, Tennessee, for the appellee, Barbara Cooper MEMORANDUM OPINION The appellant initiated this civil action seeking a declaration of its rights and liabilities relative to the appellee's claim for benefits under the Workers' Compensation Law. By her answer and counterclaim, the employee or claimant, Barbara Cooper, demanded medical and permanent disability benefits for an injury allegedly arising out of and in the course of her employment by Nissan North America, Inc. After a trial on the merits, the trial court awarded lifetime medical benefits and permanent disability benefits based on 13 percent to the left leg. Both parties have 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). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.