Opinion
No. 01S01-9805-CH-00101.
October 11, 1999.
For Appellants: Mike P. Lynch, Lynch, Lynch Lynch.
For Appellee: Thomas M. Horne and Luther-Anderson, PLLP.
Members of Panel:
Frank F. Drowota, III, Associate Justice, Thomas W. Brothers, Special Judge, Joe C. Loser, Jr., 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 will be paid by defendants/appellants, for which execution may issue if necessary.
IT IS SO ORDERED on October 11, 1999.
SPECIAL WORKERS' COMPENSATION APPEALS PANEL FRANKLIN CHANCERY, Hon. Jeffrey Stewart, No. Below 15196.
AFFIRMED and REMANDED
PER CURIAM
MEMORANDUM OPINION
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. § 50-6-225(e)(3). Appellant's appeal raised one issue, whether the Trial Court's award of permanent partial disability benefits based on a 50% vocational disability to both arms was excessive. Appellee requests post judgment interest pursuant to Tenn. Code Ann. § 50-6-225(h)(1).
Appellate review is de novo upon the record of the Trial Court, accompanied by a presumption of the correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. § 50-6-225(e)(2). After having considered the briefs submitted by both parties, and the entire record presented for review, this Court finds that the evidence does not preponderate against the Trial Court's award of permanent partial disability benefits based on a 50% vocational disability to both arms. Therefore, it is the opinion of this Court that the Trial Court should be affirmed.
Appellee is entitled to recover post judgment interest on accrued but unpaid disability benefits, the amount to be calculated from the date of the Trial Court's judgment. § 50-6-225(h)(1), T.C.A., West American Insur. Co. v. Montgomery , 861 S.W.2d 230 (Tenn. 1993), McClain v. Henry I. Seigel Co. , 834 S.W.2d 295 (Tenn. 1992).
The judgment of the Trial Court is affirmed and the matter is remanded to the Trial Court for determination of interest and additional proceedings, if any, as may be necessary. Costs on appeal are taxed to the defendants-appellants.
_____________________________ Thomas W. Brothers, Special Judge
CONCUR:
________________________________ Frank F. Drowota, III, Associate Justice
________________________________ Joe C. Loser, Jr., Special Judge