DAVID AMADO v. BRIDGESTONE FIRESTONE AMERICAS TIRE OPERATIONS, LLC ET AL. - Articles

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Posted by: Tanja Trezise on Jan 30, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

B. Timothy Pirtle, McMinnville, Tennessee, for the appellants, Bridgestone Firestone Americas Tire Operations, LLC, Old Republic Insurance Company, and Bridgestone Firestone North American Tire, LLC.

Attorneys 2:

Barry H. Medley, McMinnville, Tennessee, for the appellee, David Amado.

Judge(s): KURTZ

In this workers’ compensation action, the employee alleged that he sustained compensable injuries to both shoulders. His employer conceded the compensability of the right shoulder injury, but denied the left shoulder claim. An examination was done by a physician through the Medical Impairment Registry (“MIR”) regarding the right shoulder claim. The trial court found that the presumption of correctness of the MIR impairment opinion had been overcome by clear and convincing evidence as to the right shoulder injury. The trial court also concluded that the left shoulder injury was compensable and awarded benefits accordingly. The trial court also denied employer’s claim that it was entitled to an offset pursuant to Tennessee Code Annotated section 50-6-114(b) for benefits paid under its accident and sickness policy. We hold and find that the trial court erred by failing to apply the offset sought by the employer, and affirm the judgment in all other respects.

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