 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Binkley v. Tennessee Diecasting-Harvard Industries12/18/2003
nt physical impairment rating prior to his subsequent back injury at the new employer. The physician testified that "if asked" prior to the new injury he would have assigned a 5% rating attributable to the earlier injury. Based on this testimony, the court held that this "assessment" of the employee's permanent disability was "sufficient to forestall application of the last injurious injury rule". 825 S.W. 2d 80, 82, 83 (Tenn. 1992).
In the present case, the rule is inapplicable for two reasons: 1) There is no proof in this record that the employee was employed by a new or successive employer when he sustained his "third injury " on January 10, 2000. Without a successive employer, the rule is inapplicable. Baxter at 943. 2) An "assessment" was made by Dr. Pieper that the employee should have an additional 2% permanent physical impairment that was attributable to his injury of September 29, 1997. As in Riley, the assessment was made after the subsequent injury, but was specifically attributed to the earlier injury.
CONCLUSION
For the reasons stated above, the judgment of the trial court is affirmed in its entirety. The cost of this appeal is taxed to the Appellants.
ORDER
This case is before the Court upon motion for review filed by the appellant, Tennessee Diecasting-Harvard Industries and Itt Hartford Insurance Group, pursuant to Tenn. Code. Ann. ยง 50-6-225(e)(5)(B) the entire record, including the order of referral to the Special Workers' Compensation Appeal Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law.
It appears to the Court that the motion for review is not well-taken and is therefore denied. The Panel's findings of fact and conclusions of law, which are incorporated by reference, are adopted and affirmed. The decision of the Panel is made the judgment of the Court.
Costs are assessed to Appellants, for which execution may issue if necessary.
PER CURIAM
Holder, J., not participating
Page 1 2 3 4 5 6 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|