On August 29, 2011, the Tennessee Supreme Court filed its decision affirming the workers’ compensation decision in Cherokee Insurance Company, Inc. v. Ralph McNabb awarding Mr. McNabb sixty-percent (60%) disability and penalizing the insurer for a frivolous appeal. The Law Offices of Tony Farmer and John Dreiser represented Mr. McNabb.
Mr. Ralph McNabb sustained a right rotator cuff tear as the result of a motor vehicle collision while employed as a truck driver by Everhart Transportation. Cherokee Insurance Company, Inc. insured the Employer. Mr. McNabb underwent surgical repair of his right rotator cuff and was returned by Employer to a different, part-time position, but he was never allowed to return back to truck driving.
Mr. McNabb suffered a recurrent rotator cuff tear and thereafter retired. It is undisputed that Employee was not returned to employment at the same or greater wage than prior to his injury. Employee’s treating physician and his evaluating physician both assigned him an anatomical impairment rating of 10% to the body as a whole, but with different restrictions. The trial court awarded 60% permanent partial disability (“PPD”) to the body as a whole or $167,793.60. The Insurer appealed, asserting that the award was excessive.
The Tennessee Supreme Court not only affirmed the trial court’s award, but assessed a $2,000.00 penalty against the insurer for making a frivolous appeal.
If you need more information about a personal injury matter (car wreck, truck accident, boating accident, slip and fall, etc.), SSD/SSI matter, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website at www.farmerdreiser.com.