JOSEPH E. SMITH v. ELECTRIC RESEARCH & MANUFACTURING COOPERATIVE, INC. AND ACE AMERICAN INSURANCE CO. - Articles

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Posted by: Tanja Trezise on Feb 22, 2013

Court: TN Workers Comp Appeals

Attorneys 1:

Lori J. Keen, Memphis, Tennessee, for the appellants, Electric Research & Manufacturing Cooperative, Inc., and Ace American Insurance Co.

Attorneys 2:

Jeffrey A. Garrety and Charles L. Holliday, Jackson, Tennessee, for the appellee, Joseph E. Smith.

Judge(s): CHILDRESS

Joseph E. Smith (“Employee”) alleged that he injured his back in the course and scope of his employment with Electric Research & Manufacturing Cooperative, Inc. (“Employer”). Employee’s evaluation physician assigned a 12% permanent impairment rating to the body as a whole as a result of the injury. A physician selected through the Medical Impairment Registry (“MIR”) process assigned a 3% permanent impairment rating to the body as a whole. The trial court found that Employee rebutted the statutory presumption of accuracy afforded the MIR physician’s rating by clear and convincing evidence pursuant to Tennessee Code Annotated section 50-6-204(d)(5) (2008) and awarded 40% permanent partial disability to the body. Employer has appealed. After reviewing the record as we are required to do, we affirm the trial court’s judgment.

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