Danny Smith v. Nestle Waters North America, Inc., et al.

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 pursuant to Tenn. Sup. Ct. R. 51. After the employee sustained a compensable back injury, he filed a claim for workers’ compensation benefits in the Chancery Court for Macon County. During the bench trial, the trial court admitted, over the employer’s objection, testimony from a physician selected through the Medical Impairment Registry (“MIR”) stating that the employee’s impairment arose from a work-related injury. The trial court thereafter awarded the employee permanent disability benefits based on a 6% impairment. We affirm the judgment.