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Ochoa v. Peterbilt Motor Co.3/11/2003
r contends the award of permanent partial disability benefits is excessive because his medical impairment has not increased since the earlier injury for which he received an award of $4,000.00. In fact, that court approved settlement included a finding that the employee had no permanent impairment. Moreover, once the causation and permanency of an injury have been established by expert testimony, the trial judge may consider many pertinent factors, including age, job skills, education, training, duration of disability, and job opportunities for the disabled, in addition to anatomic impairment, for the purpose of evaluating the extent of a claimant's permanent disability. Tenn. Code Ann. ยง 50-6-241(b).
From a consideration of the above authorities and giving due deference to the findings of the trial court, we are unable to say that the preponderance of the evidence is otherwise. The judgment is affirmed. Costs are taxed to the appellant.
JUDGMENT
This case is before the Court upon 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, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs will be paid by the appellant, Peterbilt Motor Company, for which execution may issue if necessary.
IT IS SO ORDERED.
PER CURIAM
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