Michael Lloyd Todd v. Bekaert Steel Wire 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 award of benefits based on 36 percent to the left arm is excessive. 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 JOE H. WALKER, III, SP. J., joined. Paul C. Peel, Memphis, Tennessee, for the appellants, Bekaert Steel Wire Corporation and Liberty Mutual Insurance Company Jeffrey A. Garrety and Joseph R. Taggart, Jackson, Tennessee, for the appellee, Michael Lloyd Todd MEMORANDUM OPINION The employee or claimant, Todd, initiated this civil action to recover workers' compensation benefits for an alleged work related injury to his left arm and elbow. When mediation failed to resolve the disagreement between the parties as to the extent of the claimant's permanent disability, a trial was held on October 22, 21. After weighing and evaluating disputed medical evidence, the trial court awarded permanent partial disability benefits based on 36 percent to the arm. The employer, Bekaert Steel Wire Corporation, and its insurer have 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) (21 Supp.). The reviewing court is required to conduct an independent examination of the record to determine where the preponderance of the evidence lies.