JEANNIE HART v. THYSSENKRUPP ELEVATOR CORP., ET AL. - Articles

All Content

JEANNIE HART v. THYSSENKRUPP ELEVATOR CORP., ET AL.

Posted by: Tanja Trezise on Nov 25, 2020

Court: TN Workers Comp Appeals Board

Attorneys 1: Hailey H. David, Jackson, Tennessee, for the employer-appellant, ThyssenKrupp Elevator Corp.

Attorneys 2: Jonathan L. May, Memphis, Tennessee, for the employee-appellee, Jeannie Hart

Judge(s): GODKIN

This appeal concerns the appropriate medical impairment rating for an employee who sustained a work-related shoulder injury. The employer asserts the trial court erred in awarding permanent benefits based upon a six percent medical impairment rating because a portion of the rating was attributable to a non-work-related condition. The employee contends the authorized treating physician’s opinion that the employee had a six percent impairment is presumed correct under Tennessee Code Annotated section 50-6-204(k)(7) and that the employer did not produce competent evidence to rebut the presumption. Following a compensation hearing, the trial court determined the employee established by a preponderance of the evidence that the distal clavicle resection, performed to treat the employee’s pre-existing AC arthrosis, was reasonably necessary medical treatment as a result of the work injury, and it awarded permanent partial disability benefits based on the full impairment rating assigned by the authorized physician. The employer has appealed. Having carefully reviewed the record, we modify the trial court’s award of permanent disability benefits and certify as final the trial court’s order as modified.

Attachments: