 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Freeman Decorating Co. v. Bowers6/17/2002
suffered an anatomical change. When faced with differing medical opinion, the Court must determine which expert opinion is more credible. Johnson v. Schevell Ready Mix Inc., 698 S.W.2d 582 (Tenn. 1980). In making this decision, the Court considers qualifications of experts, circumstances of their evaluations, information available to them, and the evaluation of the importance of that information by other experts. Hinson v. Walmart, 654 S.W.2d 675 (Tenn. 1983). This court finds the medical opinion of Dr. Kruse more credible. Thus, this court is of the opinion that defendant did not suffer a compensable aggravation of a pre-existing injury to his neck.
If, however, this court had found compensability, defendant would be entitled to a vocational impairment of ten percent (10%) to the body as whole. He would also be entitled to future medical expenses.
In addition the average weekly wage should be calculated according to Tenn. Code Ann. ยง 50-6-102(2)(B) which states:
Where the employment prior to the injury extended over a period of less than fifty-two weeks, the method of dividing the earnings during that period by the number of weeks and parts thereof during which the employees' unearned wages shall be followed, provided, that results just and fair to both parties, will thereby be obtained.
Thus, defendant's wages of $5,460.36 is divided by fifty-two (52) weeks. Thus, defendant's average weekly wage is $105.06 which equates to a worker's compensation rate of $81.15. See, Russell v. Genesco, 651 S.W.2d 206 (Tenn. 1983).
We affirm the judgment of the trial court. The cost of this appeal is taxed to the plaintiff, Joseph W. Bowers.
JUDGMENT
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and
It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court.
Costs will be paid by the plaintiff, Joseph W. Bowers, for which execution may issue if necessary.
IT IS SO ORDERED.
PER CURIAM
|