Corrections officer attacked by inmate awarded six figure workers’ compensation settlement

Our client was working as a corrections officer at a Nashville, Tennessee correctional facility. While attempting to get an inmate disturbance under control, he was attacked by an inmate. He suffered head/facial, left knee, and left arm injuries. He was later diagnosed with a zygomatic arch fracture and subarachnoid hemorrhage. Over the next few weeks he developed cognitive and neurological symptoms, including seizures. He had also suffered a lot of trauma from the attack. He was facing a long recovery both physically and emotionally.

Because his injury occurred while in the course and scope of his employment a workers’ compensation claim was opened. He called us because he was concerned about his head injuries. As the sole provider of his family, he could not afford to be unable to work.

Tennessee’s workers’ compensation law is the exclusive remedy for injuries on the job. We knew most of his physical injuries would heal, but were concerned about the permanency of his post-concussive injuries. As he healed and his treatment ended, it was time for him to be evaluated for any permanent impairment.

Here’s the technical stuff: Our client received medical care for left knee and left shoulder injuries and was diagnosed with a patellofemoral contusion of the left knee, which was treated conservatively. He was diagnosed with a superior labral tear of the left shoulder, which was treated operatively. He reached maximum medical improvement for the left knee injury, and retained a permanent medical impairment rating of 0% using the American Medical Association Guides to the Evaluation of Permanent Impairment, Sixth Edition. He reached maximum medical improvement for the left shoulder injury, and retained a permanent medical impairment rating of 2% using the American Medical Association Guides to the Evaluation of Permanent Impairment, Sixth Edition.

Our client then underwent an in-person independent medical examination and assigned impairments as follows: 1) Facial fractures, 0% impairment; 2) Vestibular dysfunction, 0% impairment; 3) Damage to left supraorbital nerve, 0% impairment; 4) Headaches, 0% impairment; and 5) Traumatic brain injury, 15% impairment. Our client retained a permanent medical impairment rating of 15% using the American Medical Association Guides to the Evaluation of Permanent Impairment, Sixth Edition.

To resolve his case, the parties agreed that using the combined values table in the American Medical Association Guides to the Evaluation of Permanent Impairment, Sixth Edition, the 2% rating assigned and the 15% impairment rating assigned equates to 17% to the body as a whole. Once the impairment rating was agreed on, Tennessee workers’ compensation law requires a multiplier based on wages. In the end, after all the numbers were sorted out, our client was fairly compensated for his injuries. Tennessee’s workers’ compensation laws are very different from standard negligence law. The process is controlled by the legislature and run by an administrative court system. In Tennessee you need serious work injuries to win a workers’ compensation case. We were very happy that this client got what he deserved and that he was able to return to work.