Sharon Wyatt v. Rainey Brothers Construction, 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. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this workers' compensation case, the trial court rendered judgment in favor of the plaintiff/appellee, Sharon Wyatt, and against the defendants/appellants, Frayser Manor, Inc. and Whitney Dawncrest, Inc. The defendant, Frayser Manor, Inc. was made a party by amendment. Whitney Dawncrest, Inc. was doing business as Frayser Manor Apartments. The court dismissed the suit with respect to Rainey Brothers Construction Company, Inc. The trial court's judgment included a finding that the plaintiff's average weekly wage was $192.91, the plaintiff was entitled to temporary total disability benefits for 26 weeks, and the plaintiff sustained 84 percent permanent partial disability to the right leg. The issues presented attack the trial court's judgment on these three findings. At trial, all defendants vigorously contested whether they were subject to the workers' compensation law, claiming they did not have five employees. On this appeal, they present no issue concerning the trial court's finding in favor of plaintiff on this issue. In our review, we must be mindful of several fundamentals. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the trial court's finding of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the evidence to determine where the preponderance of the evidence lies.