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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT NASHVILLE
July 24, 2006 Session BUILDERS MUTUAL INSURANCE COMPANY, ET AL. v. PAUL SIMMS
Direct Appeal from the Chancery Court for Davidson County No. 03-3062-II Carol L. McCoy, Chancellor

No. M2005-02417-WC-R3-CV - Mailed - October 27, 2006 Filed - November 29, 2006

This appeal has been referred to the Special Workers' Compensation Appeal Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On April 29, 2003, the appellant, Paul J. Simms, fractured his ankle at a construction site in Spring Hill, Tennessee. The trial court determined Mr. Simms' injury did not arise out of or in the course of employment. Mr. Simms has appealed, contending that the evidence preponderates against the trial court's holding. Mr. Simms also alleges the trial court erred in allowing the testimony of Jack Russell, the subcontractor whom Mr. Simms claims employed him on the day of his accident, because Mr. Russell invoked the Fifth Amendment at trial. After carefully considering the evidence adduced at trial, we affirm the trial court's judgment.

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