Melissa Cooper v. Xerox Corporation

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 court awarded the plaintiff ten percent permanent partial disability to the body as a whole, half of certain medical expenses, and discretionary costs. The defendant appeals and raises the following issues for our review: I. Whether or not the preponderance of the evidence supports the Trial Court's finding that the Plaintiff sustained a 1% permanent partial disability to the body as a whole as a result of this injury. II. Whether or not the preponderance of the evidence supports the Trial Court's award of _ of the medical expenses incurred by Plaintiff as a result of the medical expense of chiropractor Joseph Lipkowitz. III. Whether or not the Trial Court abused its discretion in awarding discretionary costs to Plaintiff in the above matter. We find that the award of ten percent is contrary to the weight of the evidence and that the judgment of the trial court should be reversed and dismissed. Because of this decision, we do not reach the last two issues on appeal.