She settled at 15% disability, but the only rating the statute counted was 3%
A nurse who injured her neck assisting a patient learned that the wrong number on a medical form can matter more than the right diagnosis.
The Tennessee Court of Workers' Compensation Claims ruled on September 9, 2026, that the worker could not access extraordinary relief - despite two physicians assigning a 15% impairment rating. The statute required that threshold to come from her authorized treating physician, who had assigned just 3%.
The worker was employed by Critical Nurse Staffing as a licensed practical nurse, caring for patients in their homes - lifting them, driving them to appointments, helping with feeding, cleaning, and cooking. On July 9, 2022, she felt a pop in her neck while helping a patient, followed by pain and tingling into her left arm.
Her treating physician diagnosed a disc herniation with cervical radiculopathy and performed a three-level cervical fusion in April 2023. Numbness and tingling persisted. He placed her at maximum medical improvement in October 2023, assigned a 3% impairment, and released her without restrictions.
Two independent evaluations told a different story. Both returned a 15% impairment. Both noted the treating physician had classified the injury as a cervical sprain or strain - not the disc herniation he had surgically treated. One called the 3% rating "clearly wrong."
The parties settled on a 15% permanent partial disability award with future medical benefits in October 2024. When her initial compensation period expired in January 2025, the worker filed for increased benefits and extraordinary relief.
Tennessee's extraordinary relief provision requires impairment ratings totaling at least 10% from authorized treating physicians. The employer moved for partial summary judgment, arguing the only authorized treating physician on record had rated her at 3%. Neither he nor a later treating physician had been asked to reassess or adopt the higher figure.
The court granted the motion and dismissed the extraordinary relief claim with prejudice. The result may seem unfair, the court acknowledged, but it did not reach absurdity. Any remedy required legislative action.
The worker did receive increased benefits - a 1.35 multiplier on her original award for not returning to work, totaling $14,112.87 in a lump sum. Critical Nurse Staffing was also ordered to continue future medical benefits.
A vocational expert assessed her at between 85% and 100% vocational disability. The alternatives identified: cashier, receptionist, production line assembler. She testified she could not lift her youngest child without help.
The order becomes final in 30 days unless appealed.
