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IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS' COMPENSATION APPEALS PANEL AT JACKSON December 12, 2011 Session
MARY D. COLE v. MARVIN WINDOWS OF TENNESSEE
Appeal from the Circuit Court for Lauderdale County No. 6236 Joseph H. Walker, III, Judge

No. W2010-02610-WC-R3-WC - Mailed February 16, 2012; Filed March 20, 2012

An employee sustained a compensable injury to her hand and elbow. Employee's authorized treating physician assigned an impairment rating of 1% to both her right and left arms. The employee's evaluating physician assigned 16% impairment to her right arm and 15% to her left arm. Due to the disparity between the physician's ratings, the parties selected a physician from the Medical Impairment Registry ("MIR") who assigned 5% impairment to each of the employee's arms. The trial court based its award of disability benefits on the MIR physician's rating. The employee has appealed, contending that she successfully rebutted the statutory presumption of correctness given to the MIR physician's rating. We affirm the trial court's ruling. Tenn. Code Ann.

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