Betsy D. Coker v. Beverly Enterprises Tennessee, Inc.

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 appeal, the employer-appellant questions (1) the trial court's finding that the employee's injury arose out of and in the course of her employment and (2) the award of permanent partial disability benefits based on 65 percent to the leg. As discussed below, the panel has concluded the judgment should be affirmed. Tenn. Code Ann. _ 5-6-225(e) (21 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed. JOE C. LOSER, JR., SP. J., in which FRANK F. DROWOTA, III, C. J., and JOHN K. BYERS, SR. J., joined. Pamela M. McCord and Richard E. Spicer, Nashville, for the appellant, Beverly Enterprises, Inc., d/b/a Beverly Healthcare Robert T. Carter, Tullahoma, Tennessee, for the appellee, Betsy D. Coker MEMORANDUM OPINION The employee or claimant, Ms. Coker, initiated this civil action to recover workers' compensation benefits for an injury by accident arising out of and in the course of her employment as a nurse for Beverly Healthcare. The employer denied liability and denied the claimant suffers any permanent disability. Following a trial on the merits on May 21, 21, the trial court resolved the issues in favor of the claimant and awarded, inter alia, permanent partial disability benefits based on 65 percent to the leg. The employer has appealed. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.