Cecil Hanner v. Ruan Trans. Corp.

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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial judge found the plaintiff was 1 percent disabled and awarded judgment for 4 weeks at $355.97 per week. The trial judge fixed the time for temporary disability from November 1, 1994 through March 2, 1995, plus he awarded an additional eight weeks of temporary total disability beyond this period. The defendant says the trial court erred in awarding 1 percent temporary total disability and in fixing the time of temporary disability. The plaintiff is 47 years old with a high school education. His employment history includes working for McDonald's as a night manager after high school and working part-time for his brother as a carpenter. The plaintiff has worked most of his adult life as a truck driver. On August 22, 1993, the plaintiff was involved in a single vehicle tractor trailer truck accident in which his truck fell 23 feet down the side of Monteagle Mountain and burned. He escaped and climbed back up to the road, where he was found unconscious. The emergency room examination showed a shoulder injury, possible closed head injury, and a headache. The plaintiff was hospitalized. The plaintiff testified he had seizures at home after the accident. A co- worker, Walter H. Zorn, testified he visited the plaintiff at home and saw him have a seizure. Another co-worker, Elroy Bailey, testified he saw a marked change in the plaintiff after the injury, such as headaches, no energy, and a "spirit broken." 2