TN Supreme Court reviews conflicting impairment ratings in a workers' compensation case.

WILLIAM H. MANSELL v. BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC (Tenn. August 25, 2011)

In June of 2008, William Mansell (the "Employee") suffered a compensable injury to his right shoulder while working for Bridgestone/Firestone North American Tire, LLC (the "Employer"). Dr. Sean Kaminsky, an orthopaedic surgeon, served as the authorized treating physician and assigned an impairment rating of 3% to the body as a whole. The Employee obtained an Independent Medical Evaluation from another orthopaedic surgeon, Dr. Robert Landsberg, who assigned a 10% impairment rating. When the Benefit Review Conference at the Department of Labor and Workforce Development ("DOL") ended in an impasse, the Employee filed suit.

The judgment of the trial court is vacated. This cause is remanded to the trial court for a hearing and determination within ninety (90) days of the date of this order of the Employee’s motion to quash the Employer’s request for a designation of a physician from the MIR registry.

Opinion available at:
http://www.tba2.org/tba_files/TSC/2011/mansellw_082511.pdf