Therrell v. Jerry's Inc.

Chief Justice TOAL:

In this case, the court of appeals affirmed the workers’ compensation commission’s decision to award recovery for a torn rotator cuff as a scheduled loss for the loss of an arm. We affirm, but modify the decision as outlined below.

Factual/Procedural Background

Debra M. Therrell (Petitioner) tore her right rotator cuff when she fell while working as a waitress at Jerry’s Travel Center. 1 Petitioner sought medical treatment for her injury, eventually undergoing arthroscopic surgery, and ultimately filed for workers’ compensation benefits.

A single commissioner classified…