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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT JACKSON
September 15, 2006 Session JANETTE PHELPS v. MARK IV AUTOMOTIVE
Direct Appeal from the Circuit Court for Decatur County No. 2781 C. Creed McGinley, Circuit Judge

No. W2006-00274-WC-R3-CV - Mailed January 11, 2007; Filed February 12, 2007

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in failing to apply the two-and-one-half times impairment cap set forth in Tennessee Code Annotated section 50-6-241(a)(1) and that the forty-two percent permanent, partial disability to the body as a whole, awarded by the trial court, was excessive. We conclude that the evidence presented does not preponderate against the findings of the trial judge and affirm the trial court. Tenn. Code Ann.

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