Scott Mckeehan v. White Cons.

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6- 225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The trial judge found the plaintiff sustained an accident in July 1988 and was 1 percent permanently vocationally impaired. As a result, the defendant was ordered to pay 96 percent of the award and the Second Injury Fund was ordered to pay 4 percent of the award. The plaintiff appeals and asserts the date of the industrial accident should be fixed as August 25, 1995. The defendant and the Second Injury Fund appeal also and say the trial court erred in finding the plaintiff 1 percent totally and permanently disabled. We affirm the judgment of the trial court. The plaintiff, Scott McKeehan, was 37 years old at the time of the trial. Mr. McKeehan has a high school education and received a special vocational course through his employer, Athens Products. He has an employment history of heavy manual labor. In 1987, Mr. McKeehan injured his back in an automobile accident, and surgery for a herniated disc was done. No workers' compensation award was sought because this was a non-work related injury. Mr. McKeehan testified that he reinjured his back on July 2, 1988 while tightening a bolt in the course and scope of his employment. An MRI performed at that 2