WILLIAM BAUMGARDNER v. UNITED PARCEL SERVICE, INC., ET AL. - Articles

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Posted by: Landry Butler on Oct 18, 2017

Court: TN Workers Comp Appeals Board

Attorneys 1:

Jason Denton, Lebanon, Tennessee, for the employee-appellant, William Baumgardner.

Attorneys 2:

David Hooper, Brentwood, Tennessee, for the employer-appellee, United Parcel Service, Inc.

Judge(s): CONNER

The employee sustained a compensable injury to his left knee arising primarily out of and in the course and scope of his employment. The treating physician assigned permanent restrictions to the employee but determined that the employee’s work injury merited no permanent medical impairment rating. The employee’s medical expert assigned a permanent medical impairment rating but testified only that he presumed the permanent impairment was attributable to the work injury. Following the compensation hearing, the trial court concluded the opinion of the treating physician outweighed that of the employee’s expert and declined to award permanent disability benefits. The employee has appealed. We affirm the determination of the trial court and certify the compensation hearing order as final.