Tennessee Supreme Court

William H. Mansell v. Bridgestone Firestone North American Tire, LLC

August 20, 20132013 Tenn. LEXIS 645

Summary

The Court held that the medical impairment rating process applies in both Department of Labor proceedings and judicial workers’ compensation proceedings. It further held that the statutory presumption favoring an independent medical examiner’s rating does not violate separation of powers or due process, and that the employee failed to rebut the presumption with clear and convincing evidence. The judgment was modified to calculate benefits using the 7% rating rather than the 10% rating.