Brenda Gail Howell v. Murray Ohio Manufacturing Co.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant employer insists (1) the award of permanent partial disability benefits based on sixty percent to the body as a whole is excessive, (2) the trial court applied an incorrect compensation rate, and (3) the trial court erred in commuting the award to a lump sum. The lump sum issue was withdrawn during oral argument. As discussed below, the panel has concluded the award of permanent partial disability benefits and the compensation rate should be modified. Because both issues are fact driven, appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). This tribunal is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.