MARY D. COLE v. MARVIN WINDOWS OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Mar 22, 2012

Court: TN Workers Comp Appeals

Attorneys 1: Christopher L. Taylor, Memphis, Tennessee, for the appellant, Mary D. Cole.

Attorneys 2: Amber E. Luttrell and Hailey H. David, Jackson, Tennessee, for the appellee, Marvin Windows of Tennessee.

Judge(s): CHILDRESS

An employee sustained a compensable injury to her hand and elbow. Employee’s authorized treating physician assigned an impairment rating of 1% to both her right and left arms. The employee’s evaluating physician assigned 16% impairment to her right arm and 15% to her left arm. Due to the disparity between the physician’s ratings, the parties selected a physician from the Medical Impairment Registry (“MIR”) who assigned 5% impairment to each of the employee’s arms. The trial court based its award of disability benefits on the MIR physician’s rating. The employee has appealed, contending that she successfully rebutted the statutory presumption of correctness given to the MIR physician’s rating. We affirm the trial court’s ruling.

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