David Wayne Moore v. Peddinghaus Modern Technologies, LLC

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court findings of fact and conclusions of law. The trial court found that the employee was permanently and totally disabled as a result of a work-related knee injury and awarded permanent and total disability benefits until the employee is, by age, eligible for full benefits in the Old Age Insurance Benefits Program under the Social Security Act. Tenn. Code Ann. § 50-6-207(4)(B)(2003). The employer has appealed the trial court’s award contending that the trial court erred in finding that the employee gave notice of the work-related injury and that the trial court erred in considering a summary of the medical depositions as opposed to having read the medical depositions before rendering a decision. After careful review of the record, we conclude that the trial court should be affirmed.