This Court finds that the trial court erred and holds that the circumstances found by the trial court do not justify a forfeiture under Tennessee law. The suit is accordingly dismissed. This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. The plaintiff appeals, insisting that the preponderance of the evidence requires a greater award. We disagree, and accordingly affirm the judgment.
Defendant contends that the evidence preponderates against the trial court's finding.
For the reasons set forth below, we affirm the judgment of the trial court as modified.