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Clara Scruggs v. Wal-Mart Stores, Inc. W1999-01092-SC-WCM-CV Authoring Judge: L. Terry Lafferty, Senior Judge Trial Court Judge: Hon. Joe C. Morris This workers' compensation appeal has been referred to the Special W orker's Compensation Panel of the Supreme Court in accordance with Tennessee Code Annotated _ 5-6-225(e) for a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court, in its findings of fact and conclusions of law, determined that the plaintiff had a gradually occurring injury, and the statute of limitations was not tolled when she gave sufficient notice on September 29, 1997, the date of her lawsuit. Likewise, the trial court found the plaintiff suffered a thirteen (13) percent permanent partial disability to each upper extremity.1 We will determine if the record supports the trial court's conclusions. The defendant presents three appellate issues for review: 1. Whether the trial court erred in holding that the plaintiff's claim was not barred by expiration of the statute of limitations? 2. Whether the trial court erred in holding that the plaintiff incurred a permanent impairment? 3. Whether the trial court's disability award was excessive? Review of the findings of fact made by the trial court is de novo upon the record, 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). However, considerable deference must be given to the trial court, who has seen and heard the witnesses, especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident & Indem. Co., 811 S.W.2d 516, 521d (Tenn. 1991). After a review of the record in this cause, the briefs of the parties and appropriate law, we AFFIRM the trial court's judgment. 1The correct method of assigning disability in a case like this is give one rating to both arms, rather than to each arm. However, in this case, the result is the same as that reached by the trial court. 2	Madison	Workers Compensation Panel	08/13/99
State vs. Clifford Jackson 02C01-9802-CR-00041 Trial Court Judge: Joseph B. Dailey	Shelby	Court of Criminal Appeals	08/13/99
Cleek vs. Wal-Mart Stores, Inc. W1999-02419-SC-R3-CV Authoring Judge: Justice William M. Barker Trial Court Judge: Joe C. Morris	Madison	Supreme Court	08/13/99
W1999-01092-SC-WCM-CV W1999-01092-SC-WCM-CV Trial Court Judge: F. Lloyd Tatum		Court of Criminal Appeals	08/13/99
Willie E. Payne vs. State 03C01-9809-CR-00336 Trial Court Judge: Douglas A. Meyer	Hamilton	Court of Criminal Appeals	08/13/99
State vs. Rodney Jeffries 02C01-9807-CR-00214	Shelby	Court of Criminal Appeals	08/12/99
State vs. Rodney Jeffries 02C01-9807-CR-00214 Trial Court Judge: James C. Beasley, Jr.	Shelby	Court of Criminal Appeals	08/12/99
State vs. Elbert Tate 02C01-9810-CR-00304 Trial Court Judge: James C. Beasley, Jr.	Shelby	Court of Criminal Appeals	08/12/99
State vs. Erskine Johnson 02C01-9707-CR-00292 Trial Court Judge: William H. Williams	Shelby	Court of Criminal Appeals	08/12/99
State vs. Erskine Johnson 02C01-9707-CR-00292	Shelby	Court of Criminal Appeals	08/12/99
Starks vs. Durham 01A01-9808-CV-00453		Court of Appeals	08/12/99
Jennings vs. Case 01A01-9804-CV-00192		Court of Appeals	08/12/99
Preston vs. Preston 01A01-9806-CH-00289 Trial Court Judge: Tom E. Gray	Sumner	Court of Appeals	08/12/99
Hauskins vs. Tri-County Electric Membership 01A01-9806-CV-00284 Trial Court Judge: Thomas Goodall	Sumner	Court of Appeals	08/12/99
Jennings vs. Case 01A01-9804-CV-00192 Trial Court Judge: Tom E. Gray	Sumner	Court of Appeals	08/12/99
McGee vs. Maynard 01A01-9810-CV-00539 Trial Court Judge: Thomas W. Brothers	Davidson	Court of Appeals	08/12/99
Denson vs. Benjamin 01A01-9810-CV-00571 Trial Court Judge: Walter C. Kurtz	Davidson	Court of Appeals	08/12/99
State vs. Arnold Potter 03C01-9810-CC-00347	Blount	Court of Criminal Appeals	08/12/99
Billy Joe Sisk vs. State 03C01-9807-CC-00256 Trial Court Judge: Ben W. Hooper, II	Cocke	Court of Criminal Appeals	08/12/99
State vs. Timothy Wayne Tipton 03C01-9805-CR-00189 Trial Court Judge: Richard R. Baumgartner	Knox	Court of Criminal Appeals	08/12/99
State vs. Jerry Pendergrass, et al 03C01-9810-CR-00371 Trial Court Judge: Douglas A. Meyer	Hamilton	Court of Criminal Appeals	08/12/99
State vs. Donald Schweitzer 03C01-9808-CR-00299	Roane	Court of Criminal Appeals	08/12/99
Darrell Lamar Fritts vs. State 03C01-9803-CR-00116 Trial Court Judge: Douglas A. Meyer	Monroe	Court of Criminal Appeals	08/12/99
David McNish vs. State 03C01-9712-CR-00550	Carter	Court of Criminal Appeals	08/12/99
Gayle Penley vs. Honda Motor 02A01-9805-CV-00131 Trial Court Judge: Whit A. Lafon	Chester	Court of Appeals	08/11/99