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Petitt v. Associated General Contractors8/11/2000
The review of this issue is de novo accompanied by a presumption of the correctness of the findings of fact unless the preponderance of the evidence is otherwise. T.C.A. ยง 50-6-225(e)(2). The evidence does not preponderate against the increased award of the trial court.
Inadequate Award
The employee contends the increased award should have been the maximum six times the medical impairment rather than five times impairment. The determination of an award is primarily the function of the trial court and this determination is not to be overturned unless the evidence is of such quality to justify a different conclusion. We find this contention to be without merit also.
Conclusion
The basic facts of this case are identical to the facts of the Niziol case and the Niziol decision controls the reconsideration issue in the present action. Issues relating to excessive or inadequate award are without merit. The judgment of the trial court is affirmed. Costs of the appeal are taxed to the defendant insurance fund.
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.
Costs on appeal are taxed to the defendant, Associated General Contractors Self-Insured Workers' Compensation Trust and surety, Jeff B. Kopet, for which execution may issue if necessary.
08/11/00
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