Frederick Perry v. Thyssenkrupp Elevator Corporation

Frederick Perry (“Employee”) worked for Thyssenkrupp Elevator Corporation (“Employer”) at a variety of jobs beginning in 1988. On February 22, 2013, Employee was working on a cutting machine cutting steel elevator panels. While attempting to move a large steel panel from the work table to a pallet with a jib crane, Employee slipped and fell. Employee was determined to have suffered a torn labrum in his right hip and a torn meniscus in his right knee, which were surgically repaired. Employee’s treating orthopedic surgeon, Dr. Adam Smith, placed Employee at maximum medical improvement (“MMI”) on June 13, 2014. He assigned Employee anatomical impairment ratings of 3% to the lower right extremity for the right hip injury and 3% to the lower right extremity for the right knee injury, for a combined anatomical impairment rating of 6% to the lower right extremity or 2% to the body as a whole. Dr. Smith placed certain restrictions on Employee. Employer returned Employee to work at another job accommodating his restrictions and providing a higher rate of pay. On March 3, 2015, Employee underwent an independent medical examination by physical medicine and rehab physician, Dr. Samuel Jae Jin Chung, on referral from his attorney. Dr. Chung diagnosed Employee as suffering “[r]esidual from right knee injury requiring extensive surgical intervention with ongoing symptoms of right patellofemoral arthritis” and “[r]esidual from right hip injury secondary to fall with status post surgical intervention with ongoing symptomatology.” Dr. Chung assigned Employee anatomical impairment ratings of 15% to the right lower extremity for the right knee injury and 22% to the right lower extremity for the right hip injury, for a combined anatomical impairment rating of 34% to the lower right extremity or 13% to the body as a whole. Dr. Chung placed certain restrictions on Employee and suggested the possibility of need for a future right knee replacement. A Benefit Review Conference was held on December 2, 2015, resulting in an impasse. The parties were unable to resolve the extent of Employee’s anatomical impairment or his vocational impairment. Employee brought suit. The parties stipulated or agreed that Employee had received all the temporary total disability benefits to which he was entitled, Employer had paid all authorized medical expenses, and the 1.5 multiplier cap applied. The trial court rejected the anatomical impairment ratings of both Dr. Smith and Dr. Chung and adopted its own modified anatomical impairment ratings of 18% to the lower right extremity for the right hip injury and 14% to the lower right extremity for the right knee injury, for a combined anatomical impairment rating of 29% to the lower right extremity or 12% to the body as a whole. The trial court awarded Employee permanent partial disability benefits based upon a vocational impairment of 18% to the body as a whole. Employer has appealed and the 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 affirm in part and reverse in part the judgment of the trial court.