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Davis v. Pirelli Armstrong Tire Corp.9/6/2000
Mailed April 19, 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225(e)(3) (1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trial court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. §50-6-225(e)(2) (1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey v. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn. 1987).
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed
Samuel L. Lewis, Sp. J., delivered the opinion of the court, in which Frank F. Drowota, III, J., and Tom E. Gray, Sp..J. joined.
OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225(e)(3) (1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trial court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. §50-6-225(e)(2) (1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey v. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn. 1987).
In this workers' compensation case the employee, Plaintiff Darryl Davis appeals from the judgment of the Chancery Court for Davidson County finding that the employee did not sustain a compensable injury. This panel finds that the evidence does not preponderate against the trial court's findings and affirms its decision.
The Plaintiff while an employee of Pirelli Armstrong Tire Corporation on September 21, 1995 fell from the height of approximately 10 feet to a concrete floor. There is no dispute that the fall and whatever injuries were caused by the fall were compensable under the Workers' Compensation Law. The dispute between the parties was over the extent of the injuries caused by the fall. The Defendants paid the medical expenses and temporary total disability benefits until the physician released the Plaintiff to return to work. The Plaintiff thereafter obtained additional medical care which included surgery for herniated lumbar disc from a non-approved physician. It is the Defendants insistence that the herniated lumbar disc was not caused by the fall and they refused to pay for the additional medical care or for temporary total disability after the medical release by the Company authorized physician. Defendants denied Plaintiff was entitled to any permanent partial disability as a result of the September 21, 1995 fall.
The case was heard before Chancellor Carol McCoy for Davidson County on January 14, 1999. The Court after consideration of the testimony of the Plaintiff and the depositions of Dr. Victor T. Bazzone, William R. Schooley, and Robert Weiss and the entire record, found that the herniated lumbar disc was not caused by the fall on September 21, 1995. The Court further found that the Plaintiff "failed to show by preponderance of the evidence that the work rela
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