Kelcey Williams v. Ajax Turner Company

On August 2, 2012, an employee sustained a compensable injury when a co-worker ran over the back of his left foot with a forklift. The employee received temporary disability benefits and medical benefits from his employer. The employee’s treating physician assigned a 20% permanent anatomical impairment to his left leg as a result of the injury. The employer sought a second opinion, and after performing a medical records review, the employer’s physician opined that employee had sustained only 5% permanent impairment to his left leg due to the injury. Based on this second opinion, the employer requested an evaluation through the medical impairment registry (“MIR”) program. After examining the employee and reviewing his medical records, the MIR physician also opined that the employee had sustained 5% permanent impairment to his left leg. However, the trial court found the employee had rebutted by clear and convincing evidence the presumption of correctness statutorily attached to the MIR physician’s rating, applied a multiplier of four, and awarded the employee 80% permanent partial disability (“PPD”) to the left leg. The employer has appealed, contending the trial court erred in finding that the employee had rebutted the MIR physician’s impairment rating by clear and convincing evidence and in applying a multiplier of four. The employee, in contrast, contends that the trial court erred in considering the MIR physician’s opinion at all. This 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 Tennessee Supreme Court Rule 51. We reverse and modify the trial court’s judgment and remand to the trial court for entry of an order consistent with this decision.