The Tennessee Workers’ Compensation Appeals Board in Parcher v. Modern Business Inc. holds that a doctor may rescind his/her opinion on Maximum Medical Improvement. The result is that temporary disability benefits should resume. These are the benefits that an injured worker is paid while recovering from a work-related injury.
Disputes over whether an injury is related to an original workplace accident can be complex, and a Knoxville workers’ compensation attorney may help injured workers navigate these issues.
This case addresses whether an employee, Bobbi Parcher, is entitled to additional workers’ compensation benefits after suffering a third rotator cuff tear following an initial workplace injury. The primary issues on appeal were:
- whether the third injury was related to the original accident
- if the proper start date and calculation of temporary disability benefits
Parcher was injured in August 2021 when she slipped and fell at work, injuring her right shoulder. Her employer accepted the injury as compensable and provided treatment, including surgery in February 2022 to repair a rotator cuff tear. Despite physical therapy, she continued to experience pain. In January 2024, imaging revealed further shoulder damage, and she underwent a second surgery in February 2024. Although she received additional treatment afterward, her symptoms persisted.
In October 2024, her treating physician, Dr. Christopher Bowman, determined she had reached maximum medical improvement (MMI), assigned a 6% impairment rating, and imposed permanent work restrictions. Because her employer could not accommodate those restrictions, she stopped working. However, her condition worsened. In January 2025, she reported renewed pain, and an MRI revealed a third rotator cuff tear. Dr. Bowman rescinded his prior MMI finding, concluding it was premature, and performed a third surgery in May 2025.
Although the employer authorized the surgery, it denied further disability benefits. It argued that the third tear was not primarily caused by the original workplace injury and could have resulted from other factors. Alternatively, it claimed that any benefits should begin only when MMI was rescinded in February 2025, not when she stopped working.
The trial court ruled in Parcher’s favor. It found that she was likely to prove that her third tear was causally related to the original injury. The court relied on Dr. Bowman’s opinion that the condition arose primarily out of her employment and noted there was no credible evidence of an intervening injury. It also concluded that the initial MMI determination was premature and that her ongoing symptoms represented a continuation of the original injury. As a result, the court awarded temporary disability benefits beginning October 25, 2024, the day after she stopped working, totaling 59 weeks.
On appeal, the Workers’ Compensation Appeals Board affirmed the trial court’s causation finding. It emphasized that the opinion of an authorized treating physician is presumed correct. Although Dr. Bowman acknowledged uncertainty about the exact cause of the re-tear, he explained that such injuries often fail to heal properly and can worsen over time. He maintained that the condition was primarily related to the original workplace injury, and the employer failed to rebut this opinion.
The Appeals Board also agreed that Parcher was entitled to temporary disability benefits starting in October 2024, when she was unable to work. However, it found that the trial court miscalculated the total amount of benefits. The Board modified the award, increasing it to $46,451.49, while affirming the remainder of the decision.
In conclusion, the Appeals Board held that Parcher’s third injury was compensable as a direct and natural consequence of her original workplace accident and that she was entitled to ongoing temporary disability benefits, with a corrected award amount.
Call a Knoxville personal injury lawyer today at (865) 691-2777 to pursue financial compensation for your injuries.