Da Vi D A . Roett Ger,

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. The plaintiff alleged that he injured his low back while lifting on February 14, 1996 in a job-related accident. After receiving the testimony by deposition of Dr. David Hague, the trial judge found that the plaintiff's back problems were congenital and not attributable to his employment. The complaint was dismissed and the plaintiff appeals. Our review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The restated issue is whether the preponderance of the evidence supports the finding that the work-related accident did not accelerate or otherwise change the pre-existing spondylolisthesis. Dr. Hague testified that an MRI scan revealed a congenital grade one spondylolisthesis with bilateral pars defects which he treated with epidural blocks and a brace. He "presumed" that the disc protrusion with nerve root compression was due to the work injury, but was unable to confirm this presumption clinically. The diagnosis of spondylolisthesis was initially made in 1985 when the plaintiff was treated for injuries sustained in an automobile accident. He opined that the plaintiff had an unoperated grade one spondylolisthesis with medically documented injury andmedically documented pain and muscle spasm that would give him a seven percent impairment to the 2