TNSIA News

In Pirtle v. Humboldt Utilities, No. W2005-02075-SC-WCM-CV (Tenn. Workers’ Comp. Panel Aug. 21, 2006), the Workers’ Compensation Appeals Panel reversed a judgment of the trial court which erroneously combined awards for an employee’s hand and back injuries. The Panel affirmed the trial court finding that both injuries were compensable.

In Pirtle, the Gibson County Chancery Court ruled that the plaintiff employee had suffered both an acute injury to his back, as well as a gradual carpal tunnel injury to both of his wrists. The proof at trial established that the plaintiff’s back injury occurred suddenly in March, 2002, while the plaintiff’s date of gradual injury for his carpal tunnel claim fell in May of 2004.

Since the plaintiff had returned to work with his pre-injury employer, the trial court awarded the plaintiff 2.5 times the 17% impairment rating assigned by the plaintiff’s IME physician. This 17% rating, however, comprised impairment for both the plaintiff’s back and arm claims.

On appeal, the Panel found that the trial court could not calculate an award based on one combined impairment rating for two injuries with two different dates of injury. The Panel remanded the case to trial for a computation of two separate awards for two separate injury dates.

This case should discourage the practice of many IME physicians to combine multiple impairment ratings for distinct injuries to create a single over-inflated rating. Each injury must now be evaluated by the trial court individually in cases involving multipliers.