Powell v. Blalock Plumbing & Electric & HVAC, Inc.

WILLIAM M. BARKER,

dissenting.

In this permanent partial disability case, the essential issue is whether the employee is limited to an award of two and one-half times his medical impairment rating under Tennessee Code Annotated section 50-6-241(a)(1), or whether the trial court was correct to award the employee four times his impairment rating under section 50-6-241(b). Both the majority and concurring opinions in this case ultimately find that the employee is entitled to receive the benefit of the greater multiplier, though each employs different reasoning. I respectfully disagree with both…