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Merryman v. Aqua Glass Corporation3/6/2003
tional disability, the trial court is required to consider many pertinent factors such as the age, education skills and training, local job opportunities and capacity to work at types of employment available in the worker's disabled condition. Tenn. Code Ann. §50-6-241(a)(1); Worthington v. Modine, 798 S.W.2d 232, 234 (Tenn. 1990.)
The employer emphasizes Merryman's education and work experience as factors which preponderate against the trial court's award. Further, Merryman works as an over the road truck driver-a job Dr. Boals testified she could not do. Merryman testified she had no prior back problems but now works in pain and takes prescription medication because of her fall at work. Her present job as an over the road truck driver does not require her to lift freight.
After considering all the evidence in this case, we find the evidence does not preponderate against the trial court's award of twenty-six percent (26%) permanent partial disability to the body as a whole.
CONCLUSION
The judgment of the trial court is affirmed. The costs of this appeal are taxed to the employer, Aqua Class Corporation.
JUDGMENT ORDER
This case is before the Court upon the motion for review filed by the defendant-appellant, Aqua Glass Corporation, pursuant to Tenn. Code Ann. § 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law.
It appears to the Court that the motion for review is not well-taken and is therefore denied. The Panel's findings of fact and conclusions of law, which are incorporated by reference, are adopted and affirmed. The decision of the Panel is made the judgment of the Court.
Costs are assessed to the appellant, Aqua Glass Corporation, and its surety, for which execution may issue if necessary.
It is so ORDERED.
PER CURIAM
Janice M. Holder, J., not participating
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