Charlotte Mccall v. National Health Corporation, et al

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 of findings of fact and conclusions of law. In this appeal, the
employer asserts that the trial court erred in finding the employee’s injury compensable, awarding
the employee workers’ compensation benefits, and finding the employee seventy-five (75%) percent disabled as a result of her employment with National Health Corporation. The employee asserts that the trial court erred in not finding the employee totally disabled and that summary judgment should not have been granted with respect to the tort claim brought against employee’s supervisor. We conclude that the findings of the trial court should be affirmed with regard to issues relating to workers’ compensation benefits. Appellate jurisdiction with regard to the granting of summary judgment on Ms. McCall’s tort claim lies with the Court of Appeals and, pursuant to Rule 17, T. R. App. P., the cause is transferred to that court for appropriate review.