CHRIS VICTORY v. BOB DUCKWILER D/B/A CUSTOM CONCRETE DESIGN ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Sep 8, 2015

Court: TN Workers Comp Appeals

Attorneys 1:

Richard R. Clark, Jr., Nashville, Tennessee for the appellant(s), Bob Duckwiler d/b/a Custom Concrete Design and Companion Property and Casualty Group.

Attorneys 2:

Neal Agee, Jr., Lebanon, Tennessee for appellee, Chris Victory.

Judge(s): CANTRELL

The employee alleged that he sustained a compensable injury to his lower back. His employer initially accepted the claim but later denied it. The trial court found that the employee had sustained a compensable injury. It further found that the testimony of Employee's evaluating physician overcame the presumption of correctness attached to a Medical Impairment Registry (“MIR”) evaluation by clear and convincing evidence. The employer has appealed. The appeal has been referred to the Special Workers? Compensation Appeals Panel pursuant to Tennesssee Supreme Court Rule 51. We conclude that the trial court erred by finding that the MIR presumption had been overcome, and we modify the judgment accordingly. The judgment is affirmed in all other respects.

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