TWCA Reviews whether a physician's rating failed to comply with the AMA Guidelines and whether, therefore, the employee's award was excessive

JACQUELINE MORRIS v. JACKSON CLINIC PROFESSIONAL ASSOCIATION (TWCA July 19, 2011)

In this workers' compensation action, the employee sustained a compensable injury to her shoulder. Her initial treating physician assigned a 9% impairment to the body as a whole. After additional surgery, her subsequent treating physician assigned a 6% impairment to the body as a whole. An evaluating physician assigned a 17% impairment. The trial court chose the evaluating physician's impairment, and awarded the employee 25.5% permanent partial disability ("PPD") to the body as a whole. The employer has appealed, arguing that the evaluating physician's rating did not comply with the AMA Guides and that the award therefore is excessive. We affirm the judgment of the trial court.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/morrisj_071911.pdf