Michael Story v. The Holland Group of Tennessee d/b/a

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 and its insurer question the trial court's finding relative to the extent of the employee's permanent disability, as being excessive. 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 Circuit Court Affirmed JOE C. LOSER, JR., SP. J., in which ADOLPHO A. BIRCH, JR., J., and WILLIAM H. INMAN, SR. J., joined. Kenneth M. Switzer, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the appellants, The Holland Group of Tennessee d/b/a The Holland Group and CGU Insurance Group Charles L. Hicks, Camden, Tennessee, for the appellee, Michael Story MEMORANDUM OPINION The employee or claimant, Mr. Story, initiated this civil action to recover workers' compensation benefits for a work related injury. The employer, The Holland Group, denied liability. After a trial on October 26, 21, the trial court awarded, among other things, permanent partial disability benefits based on 5 percent to the body as a whole. The employer and its insurer have appealed. Appellate review is de novo upon the record of the trial court, accompanied bya presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.