Melly L. Lee v. Saturn Corporation

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tennessee Code Annotated section 5-6- 225(2)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this case the trial court found that the employee gave actual notice of her neck injury and that the injury was work related. The employee's award was based on a permanent partial impairment rating of 18%. The employer raises the following issues: 1) Whether the trial court erred in concluding that the union representative had apparent authority to receive notice of employee's work-related injury; 2) Whether the trial court erred in concluding that the employee gave the employer actual notice of her injury; and 3) Whether the trial court erred in concluding that employee's injury was work related. We find no error and affirm the judgment of the trial court. Tenn. Code Ann. _ 5-6-225(e) (23 Supp.) Appeal as of Right; Judgment of the Chancery Court Affirmed RITA L. STOTTS, SP. J., in which ROGER A. PAGE, SP. J., and ADOLPHO A. BIRCH, JR., J., joined. Thomas H. Peebles, IV and Stephen Zralek, Columbia, Tennessee, for the appellant, Saturn Corporation. Larry R. McElhaney, II, Nashville, Tennessee, for the appellee, Melly L. Lee. MEMORANDUM OPINION STANDARD OF REVIEW In Tennessee, appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, 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.