DANNY SMITH v. NESTLE WATERS NORTH AMERICA, INC. ET AL. - Articles

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Posted by: Tanja Trezise on Aug 23, 2012

Court: TN Workers Comp Appeals

Attorneys 1:

Richard Lane Moore, Cookeville, Tennessee, for the appellants, Nestle Waters North America, Inc. and Zurich American Insurance Company.

Attorneys 2:

B. Keith Williams and James R. Stocks, Lebanon, Tennessee, for the appellee, Danny Smith.

Judge(s): KOCH

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tenn. Sup. Ct. R. 51. After the employee sustained a compensable back injury, he filed a claim for workers’ compensation benefits in the Chancery Court for Macon County. During the bench trial, the trial court admitted, over the employer’s objection, testimony from a physician selected through the Medical Impairment Registry (“MIR”) stating that the employee’s impairment arose from a work-related injury. The trial court thereafter awarded the employee permanent disability benefits based on a 6% impairment. We affirm the judgment.

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