Linda Liles v. The Yasuda Fire & Marine Insurance

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)(1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trail court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _5-6- 225(e)(2)(1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey v. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn.1987). Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed SAMUEL L. LEWIS, SP. J., in which FRANK F. DROWOTA, III, J., and TOM E. GRAY, SP. J., joined. A. Gregory Ramos, Nashville, Tennessee, for the appellant, The Yasuda Fire & Marine Insurance Company of America, Inc. Christina Henley Duncan, Manchester, Tennessee, for the appellee, Linda Liles. OPINION 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)(1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trail court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _5-6- -2-