Bertha Mai Claiborne v. Abc Group Fuel Systems, Inc.

This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The Employee alleged that she injured her back and neck as a result of an accident at work. Her authorized treating physician released her with no impairment. Employee’s examining physician assigned 10% impairment. The parties invoked the Medical Impairment Registry (“MIR”) process. The MIR physician assigned to Employee found 0% impairment. The trial court awarded benefits based upon the rating of Employee’s physician. The trial court did not explain how the opinion of Employee’s physician rebutted the MIR physician’s opinion. Upon review, we conclude that the trial court erred by not accepting the impairment as determined by the MIR doctor. The judgment for permanent partial disability benefits is reversed, and the case is remanded to the trial court for additional proceedings.