Cherokee Insurance Company, Inc. v. Ralph McNabb

Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Ralph McNabb (“Employee”) sustained a right rotator cuff tear as the result of a motor vehicle collision while employed as a truck driver by Everhart Transportation (“Employer”). Employer was insured for workers’ compensation by Cherokee Insurance Company, Inc. (“Insurer”). Employee underwent surgical repair of his right rotator cuff and was returned by Employer to a different, part- ime position. Employee suffered a recurrent rotator cuff tear and thereafter retired. It is undisputed that Employee was not returned to employment at the same or greater wage than prior to his injury. Employee’s treating physician and his evaluating physician both assigned him an anatomical impairment rating of 10% to the body as a whole, but with different restrictions. The trial court awarded 60% permanent partial disability (“PPD”) to the body as a whole. Insurer has appealed, asserting that the award was excessive. We affirm the judgment.