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Porreca v. Chili's Inc.9/14/2000
Mailed -August 9, 2000
Tenn. Code Ann. § 50-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Affirmed
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff was burned while working for the defendant restaurant. The defendant did not dispute that the plaintiff suffered a compensable injury but did argue the award of fifty percent permanent partial disability was excessive and also contended the trial court should have allowed an offset for overpayment of approximately two weeks of temporary total disability. We affirm.
John K. Byers, Sr. J., delivered the opinion of the court, in which E. Riley Anderson, C.J. and Roger E. Thayer, S.J., joined.
OPINION
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 finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. § 50-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995).
The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988).
FACTS
The plaintiff, thirty-three years of age at the time of trial, is a high school graduate. Before his injury he had worked in the food service industry at various restaurants since the age of sixteen and had gained considerable experience in that field.
In June of 1996, the plaintiff began working for the defendant as a prep cook and line cook. Despite being over-qualified, he took the position in hopes of rising into management with the defendant's organization.
On August 17, 1996, the plaintiff was cutting and loading 200 pounds of potatoes into 500 degree water in a brasier pan. For unknown reasons, the pan shifted and spilled scalding water onto the plaintiff's legs causing severe burns. He was immediately taken to the emergency room for treatment.
The plaintiff was ultimately diagnosed as having suffered second degree burns to three to four percent of the total body surface of the front of his legs. The plaintiff was treated and eventually returned to work on light duty. He testified that he could no longer perform all the work he had previously done in the restaurant kitchens due to the heat from the ovens which aggravated the pain and worsened blisters on his legs. His light duty work consisted of prep work that could be performed away from the heat generated in the kitchen. The plaintiff was eventually terminated from his job with the defendant as the result of a dispute over how many hours he was supposed to have worked versus how many he actually had worked.
At the time of trial, the plaintiff was working for a phone company as a salesperson making $7.53 an hour plus commission and benefits. During his first year of employment he earned $47,422 in salary, commission and bonuses-more than he was making at his job with the defendant. However, the job apparently is stressful as it involves cold calls to consumers in an attempt to get the person targeted to switch to the phone company's long distance service. He does not expect to be able to retire from this company.
The plaintiff continues with the job because he can sit while he works at the phone company and can wear clothing that
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