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Posted by: Landry Butler on Oct 27, 2016

Court: TN Workers Comp Appeals

Attorneys 1:

Michael W. Jones, Fred J. Bissinger, and Michelle D. Reid, Nashville, Tennessee, for the appellant, Pinnacle Food Group.

Attorneys 2:

Ricky L. Boren, Jackson, Tennessee, for the appellee, Mamie Marshall.

Judge(s): PAGE

Mamie Marshall (“Employee”) developed a gradual shoulder injury as a result of her work for Pinnacle Food Group (“Employer”). She underwent three surgeries and was eventually referred to a pain management specialist. After the third procedure, she was placed in a modified duty job. Two months after her return to work, she retired. Two of her treating physicians assigned 4% impairment to the body as a whole. Employee's evaluating physician examined Employee on three occasions and assigned impairments of 7% to the body as a whole after the second surgery and 11% to the body as a whole after her retirement. A physician chosen from the Medical Impairment Registry (“MIR”) assigned 4% impairment to the body as a whole. The trial court found that Employee overcame the presumption of correctness attached to the MIR physician's rating and adopted the evaluating physician's 11% impairment. The trial court also found that Employee did not have a meaningful return to work and awarded 66% permanent partial disability to the body as a whole. Employer has appealed, contending the evidence preponderates against the trial court's findings concerning impairment and meaningful return. The appeal was referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We modify the judgment.