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Liles v. Yasuda Fire & Marine Insurance Company of America5/24/2000
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 Defendant/Appellant, The Yasuda Fire & Marine Insurance Company of America, Inc., for which execution may issue if necessary.
IT IS SO ORDERED.
PER CURIAM
LINDA LILES v. THE YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA
Direct Appeal from the Chancery Court for Franklin County No. 14673 Jeffrey S. Stewart, Chancellor
No. M1999-00016-WC-R3-CV
Mailed April 19, 2000
Filed May 24, 2000
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225(e)(3)(1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trail court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. §50-6-225(e)(2)(1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey v. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn.1987).
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed
Samuel L. Lewis, Sp . J., delivered the opinion of the court, in which Frank F. Drowota, III, J., and Tom E. Gray, Sp. J., joined.
OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. §50-6-225(e)(3)(1999) for hearing and reporting of findings of fact and conclusions of law. Appellate review of factual issues in workers' compensation cases is de novo with a presumption that the trail court's findings are correct, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. §50-6-225(e)(2)(1999); Hill v. Eagle Bend Mfg., Inc., 942 S.W. 2d 483, 487 (Tenn. 1997). When a trial court has seen and heard witnesses and issues of credibility and weight of testimony are involved, considerable deference is afforded the trial court's findings of fact. See Humphrey v. David Witherspoon, Inc., 734 S.W. 2d 315, 315-16 (Tenn.1987).
This is an appeal by Defendant/Appellant The Yasuda Fire & Marine Insurance Co. Of America, Inc. the workers' compensation carrier for CKR Industries (hereafter "CKR"). In this workers' compensation case, the Plaintiff Linda Liles contends that she suffered an on-the-job injury on 4 October, 1994 during the course and scope of her employment with CKR. Regarding the specific injuries, Plaintiff alleges that she injured her back, right shoulder, arm and neck on 4 October, 1994 while working as a lab technician for CKR.
Plaintiff was 49 years old at the time of trial. She began her employment with CKR in 1986. In October of 1997 at the time of trial, Plaintiff was a senior lab techn
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