Tommie Faye Burnette v. Olan Mills, Inc.

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 finding, 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 courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff alleged she suffered from an occupational illness, to wit, reactive airways disease. The trial judge found the plaintiff did not have an industrial illness but that she had asthma, bronchitis and emphysema, which was aggravated by the conditions under which she worked. The trial judge found the plaintiff had sustained a 6% whole body disability as a result of the aggravation of her pre-existing condition. The defendant says the evidence does not support the finding and further claims the plaintiff failed to give notice of her injury as required by TENN. CODE ANN. _ 5-6-35. We affirm the judgment of the trial court.