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Posted by: Tanja Trezise on Apr 23, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

Stephen K. Heard and Adam O. Knight, Nashville, Tennessee, for the appellant, Cherokee Insurance Company.

Attorneys 2:

David Hardee, Jackson, Tennessee, for the appellee, Jim Singley.

Judge(s): HARRIS

In this workers’ compensation action, the employee sustained injuries to his right hip, knee, and ankle as a result of a fall while employed as a truck driver. Although he received medical treatment and briefly returned to work, the employee continued to have pain and eventually required knee surgery. After the employee recovered from the surgery, the employer was unable to return him to work. The treating physician assigned a permanent partial impairment of 2% to the right lower extremity. The employee’s evaluating physician assigned a 13% impairment rating. The trial court awarded 45.5% permanent partial disability to the right leg. The employer has appealed, asserting that the trial court erred by utilizing the evaluating physician’s impairment rating and that the award of benefits is excessive. We affirm the judgment of the trial court.