APPELLATE COURT OPINIONS

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that during the course of her employment, on February 10, 1994, she injured her back while assisting a patient to move from a bed to a wheelchair and that she is entitled to benefits for permanent disability. The defendant admitted the occurrence of the injury as alleged, agreed that the plaintiff was entitled to benefits for temporary total disability together with medical expenses, but denied the allegations of permanent impairment or disability.

The complaint was dismissed “as it related to any request or demand for permanent partial disability, past temporary total disability, and past medical expenses.” The plaintiff appeals and presents for review the propriety of the finding that she failed to carry the burden of proving her allegation of permanent partial disability. 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. § 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995).

This is an action to collect 21 promissory notes executed by the defendant in 1985, 1986, and 1987, payable to USA Fairfield Realty Fund, LTD. and assigned to Citizens Federal Bank, N.A., on order, on December 20, 1991, without recourse. Appendix A is a diagrammatic explanation of the commercial lineage of the defendant.