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Mason v. Old Time Pottery9/13/2001
his opinion.
The trial court ruled as follows: "I do not believe you've carried your burden of proof- the burden's on you to prove this - that that fall in that box was the cause or aggravated this condition." The court concluded that "the incident of 11-11-97 was not the cause of the surgical procedure" and therefore Ms. Mason did not sustain a compensable workers' compensation injury .
After thoroughly reviewing the record in this case, we find that the evidence supports the finding of the trial court.
II. Does the evidence preponderate against the finding of the trial court that the plaintiff did not sustain an accident arising out of and in the course of her employment and therefore sustained no work related injury .
Tennessee Code Annotated § 50-6-103(a) provides:
Every employer and employee subject to the Workers' Compensation Law shall, respectively, pay and accept compensation for personal injury or death by accident arising out of and in the course of employment without regard to fault....
The appellant argues that Ms Mason is entitled to medical expenses for her injury . Although there is no dispute that Ms. Mason fell while working for the defendant on November, 11, 1997, the court found that she failed to carry her burden of proof that as a result of this fall she had a compensable workers' compensation injury which would entitle her to any workers' compensation benefits including medical expenses.
As we have upheld the trial court's ruling regarding causation, we find this issue to be without merit.
III. Whether the trial court erred in its conclusions that the plaintiff sustained a thirty-five percent (35%) permanent impairment to the body as a whole had she carried her burden of proof.
As we have upheld the trial court's ruling, this issue is moot and therefore pretermitted.
CONCLUSION
The judgment of the trial court is affirmed. The costs are assessed to Ms. Mason.
JUDGMENT ORDER
This case is before the Court upon motion for review filed by the appellant, Susan Mason, 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, which are incorporated herein by reference;
Whereupon, it appears to the Court that the motion for review is not well-taken and should be denied.
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 are taxed to the appellant, Susan Mason, and her surety for which execution may issue if necessary.
It is so ORDERED.
PER CURIAM
Birch, J., not participating.
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