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Salyers v. Jones Plastic & Engineering Co.9/29/2005
188, 192 (Tenn. Workers' Comp. Panel 2000).
CONCLUSION
Thus, we find that the trial court correctly determined that the Worker sustained a compensable injury. The evidence is undisputed that, at the time of his complaint on February 14, 2003, the Worker was physically on the job at the Employer's facility, and that the work day had not yet concluded. Further, it is undisputed that the Worker was pulling a mold out of a press, which was a part of his regularly assigned duties as an employee of the Employer. We thus find that the proof preponderates in favor of a finding that the incident of February 14, 2003 arose out of the employment and during the course of employment.
Although the evidence is further undisputed that at some point prior to the occurrences before the court the Worker sustained a non- work-related motorcycle accident, the undisputed medical evidence is that, at the time of the February 14, 2003 incident, the Worker exacerbated that pre-existing condition caused by his prior motorcycle accident in such a manner that there was a further permanent anatomical impairment.
Considering all of the circumstances, then, we agree with the trial court that the Worker sustained a compensable injury. The percentage of vocational disability has not been addressed by the parties and is not before us on appeal.
The decision of the trial court is affirmed. Costs must be paid by the Employer or its sureties for which execution my render if necessary.
ROBERT E. CORLEW, SPECIAL JUDGE
JUDGMENT ORDER
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 on appeal are taxed to the Appellant, Jones Plastic & Engineering Company, for which execution may issue if necessary.
IT IS SO ORDERED.
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