Robbie Edwina Elmore v. Fleetguard, et al.

Case Number
M2008-02374-WC-R3-WC

In this workers’ compensation case, the employee, Robbie Edwina Elmore, sustained compensable gradual injuries to her neck, shoulders and arms. The trial court made three separate awards, which totaled 122% to the body as a whole. On appeal, the employer, Fleetguard, and the Second Injury Fund contend that the trial court erred by failing to make a single award pursuant to the concurrent injury rule, and by finding that she was not permanently and totally disabled. We conclude that the concurrent injury rule is applicable. We therefore modify the judgment to award 65% permanent partial disability, and find it unnecessary to address the remaining argument.1

Authoring Judge
Senior Judge Donald P. Harris
Originating Judge
Judge John Maddux
Case Name
Robbie Edwina Elmore v. Fleetguard, et al.
Date Filed
Dissent or Concur
No