TWCA reviews whether a reinjury occurred and, if so, whether it's compensable

DAVID KIRBY v. MEMPHIS JEWISH NURSING HOME (TWCA December 1, 2011)

An employee sustained a compensable injury to his shoulder. While he was recovering from surgery, he reinjured his shoulder when his dog pulled his arm while he was holding the dog by its collar. The trial court found that the reinjury was a direct and natural result of the earlier compensable injury and that the reinjury caused an increase in impairment. The employer has appealed, contending that the trial court incorrectly applied the intervening injury rule and incorrectly adopted the evaluating physician's impairment. We affirm as to the reinjury but conclude that the trial court erroneously based its award upon an incorrect impairment rating, and we modify the judgment accordingly.

Opinion available at:
http://www.tba2.org/tba_files/TSC_WCP/2011/kirbyd_120111.pdf