Summary
The Tennessee Workers’ Compensation Appeals Board affirmed the trial court’s denial of permanent disability benefits to Saeeda Johnson while upholding an award of future reasonable and necessary medical benefits for her compensable work-related right upper-extremity injury. The Board concluded that the incomplete appellate record, lack of an identified reviewable issue, and inadequate argument prevented meaningful appellate review. The decision was certified as final, and appellate costs were waived.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying permanent disability benefits.
- Whether the Board could consider documents and issues raised by the employee for the first time on appeal.
- Whether the incomplete appellate record and inadequate appellate briefing required affirmance of the trial court's decision.
Holdings
- The trial court's denial of permanent disability benefits was affirmed because the employee failed to provide an appellate record demonstrating error or evidence of a permanent impairment.
- The Board could not consider documents filed by the employee after entry of the compensation order because they were not entered into evidence or considered by the trial court.
- The employee failed to present a reviewable appellate issue because her notice of appeal did not identify a reviewable issue and her brief did not provide developed argument supporting her assertions.
Key quotations
“In short, an incomplete appellate record is fatal to an appeal, and a reviewing court must conclusively presume that the evidence presented supported the facts as found by the trial court.” (at 4)
“Without a transcript or a statement of the evidence, the appellate court cannot know what evidence was presented to the trial court, and there is no means by which we can evaluate the appellant’s assertion that the evidence did not support the trial court’s decision.” (at 3)
“It is not the role of the courts, trial or appellate, to research or construct a litigant’s case or arguments for him or her.” (at 3)
Factual background
On April 24, 2023, a stack of chairs fell on Johnson while she was working as a banquet server for Aimbridge Hospitality, causing accepted right wrist and elbow injuries. Authorized physicians treated her right wrist, diagnosed work-related carpal tunnel syndrome, and imposed temporary restrictions, but Johnson did not return to work and later declined further treatment and a functional capacity evaluation. The trial court found no evidence of permanent impairment supporting permanent disability benefits but awarded future reasonable and necessary medical treatment related to the work injury.
Procedural history
Johnson sustained a compensable right upper-extremity injury when chairs fell on her at work. After earlier interlocutory proceedings concerning medical treatment and temporary disability benefits, the trial court held a compensation hearing and denied permanent disability benefits for lack of proof of permanent impairment while awarding future medical treatment. Johnson appealed without providing a transcript or statement of the evidence and without presenting developed appellate arguments.