Lawrence Owsley v. Con-Way Truckload, Inc., et al.

Pursuant to Tennessee Supreme Court Rule 51, this appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. In this appeal, the employee alleged that he injured his back as a result of a fall from his tractor trailer during the course and scope of his employment. The employer contended that the employee’s workers’ compensation claim was barred by the affirmative defense of misrepresentation of his physical condition, that a compensable injury had not been sustained and that his permanent partial disability award was excessive. The trial court found that the employee did not intentionally misrepresent his physical condition, that the employee had sustained a compensable injury and that the award should be 70% permanent partial disability benefits. The employer has appealed, contending that the evidence preponderates against each of the trial court’s findings. We affirm the judgment of the trial court.