Humphrey v. David Witherspoon, Inc.

OPINION

HARBISON, Justice.

The employer and its insurance carrier have appealed from an award of workers’ compensation benefits to appellee based upon an admittedly compensable accident which he sustained on September 24, 1985. The employer raises four issues, some of which in our opinion require further consideration by the trial court. Under these circumstances a motion made on behalf of appellee to tax appellants with costs for a frivolous appeal is denied.

Since the accident occurred after July 1, 1985, the scope of review in this Court on issues of fact is

“... de novo upon the record of the…