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Presley v. VF Workwear6/25/2002
, 416 (Tenn. 1995). The opinion of a qualified expert with respect to a claimant's clinical or physical impairment is a factor which the court will consider along with all other relevant facts and circumstances, but it is for the court to determine the percentage of the claimant's industrial disability. Kellwood Co. v. Gibson, 581 S.W.2d 645 (Tenn. 1979). The undisputed proof is that the claimant is unable to return to her job at Red Kap and has made a significant effort to obtain other employment within her limitations, without success. She continues to have pain and numbness in her right hand when she attempts to use it for as long as thirty minutes. The extent of a claimant's vocational disability is a question of fact. Story v. Legion Ins. Co., 3 S.W.3d 450, 456 (Tenn. 1999).
From a consideration of the pertinent factors, to the extent they were established by the proof in the case, we cannot say the evidence preponderates against the findings of the trial court. The judgment is accordingly affirmed. Costs are taxed to the appellant.
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs will be paid by the appellant, VF Workwear, Inc., for which execution may issue if necessary.
IT IS SO ORDERED.
PER CURIAM
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