United States Fidelity & Guaranty and Paraclesius Healthcare, Inc. v. Holly Scott

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. I This action was filed by the employer and its insurer as one for declaratory judgment that "this case needs to be heard by the Court to determine the respective rights of the parties pursuant to the Tennessee W orkers' Compensation Act," since the employee was claiming a back injury sustained while assisting a patient during the course of her employment by Clay County Hospital. The defendant answered and counter-claimed, stating that she attempted to keep a patient from falling from a bed as a result of which she injured her back. The Chancellor found that the accident occurred as alleged, as a result of which the defendant was 7% vocationally disabled and awarded benefits accordingly. The plaintiffs appeal and present for review (1) whether the finding of 7% disability is excessive; (2) whether the multiplier was exceeded, (3) whether a partial lump sum was properly awarded. II The defendant is a 38-year-old licensed practical nurse and a certified nurse's aide. She was assisting a patient at home who rolled from bed and both of them hit the floor. As stated by the employer, the only issues litigated were the extent of permanent partial disability and the requested commutation of the award to a lump sum. She testified that she could no longer perform the duties of an LPN. Dr. Ray Hester, a neurosurgeon, testified that he initially saw the defendant on September 14, 1993. She complained of back pain and he later determined that she had a ruptured disc which surgery would not correct. Weight restrictions were imposed. He opined that she had a 5% impairment for thoracic strain and disc 2