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Meadows v. Wausau Insurance Company12/8/2003
accept the testimony of Dr. Holmes over Dr. Alexander as it relates to Ms. Meadows' psychiatric condition.
Although this Court is able to make its own independent assessment of the medical proof presented by deposition to determine where the preponderance of the evidence lies, Cooper v. INA, 884 S.W.2d 446, 451 (Tenn. 1994); Landers v. Firemen's Fund Ins. Co., 775 S.W.2d 355, 356 (Tenn. 1989), where the trial judge has made a determination based upon the testimony of witnesses whom he has seen and heard, great deference must be given to that finding in determining whether the evidence preponderates against the trial judge's determination. See Humphrey v. David Witherspoon, Inc., 734 S.W.2d 315 (Tenn. 1987). The evidence does not preponderate against the findings of the trial court, and we affirm the same.
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 facts and conclusions of law are adopted and affirmed and the decision of the Panel is made the Judgment of the Court.
The costs on appeal are taxed to the appellant, Wausau Insurance Company, for which execution may issue if necessary.
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