Michelle Devers v. Aqua Glass Corporation,

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 insists "the trial court erred in finding that the plaintiff had sustained a compensable injury under the Workers' Compensation Act and, as a result thereof, suffered an 18 percent permanent partial disability to each arm." 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 JANICE M. HOLDER, J., and W. MICHAEL MALOAN, SP. J., joined. Steven Maroney, J. Arthur Crews and Jay Dustin King, Jackson, Tennessee, for the appellant, Aqua Glass Corporation Edward L. Martindale, Jr., Jackson, Tennessee, for the appellee, Michelle Devers MEMORANDUM OPINION This civil action was initiated by the employee or claimant, Michelle Devers, to recover workers' compensation benefits for gradually occurring work related injuries to her hands and arms. The employer answered by asserting that the claimant failed to give timely written notice of her injuries and denying every allegation of the complaint. After a trial on the merits, the trial court awarded her, among other things, benefits based on 18 percent permanent partial disability to both arms. The employer has appealed, contending the preponderance of the evidence is otherwise. 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) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.