Lazar v. J.W. Aluminum

Employee injured his shoulder while working for Employer. After Employee returned to work, he filed a claim for workers' compensation benefits. Employee and Employer settled Employee's claim. The settlement stated that the award of vocational disability benefits to which the parties agreed was not based on the medical impairment rating of either the treating physician or Employee's independent medical examiner. After Employee was laid off, he sought reconsideration of his benefits. The chancery court awarded additional permanent disability benefits based on an impairment rating computed from the percentage of permanent partial disability reflected in the settlement. Employer appealed. At issue was whether the chancery court erred in declining to apply any of three impairment ratings assigned by physicians after the original settlement. The Supreme Court affirmed, holding (1) a court's reconsideration of a workers' compensation award is limited to a determination of additional permanent partial disability based on the employee's impairment rating at the time of the initial award or settlement, and therefore, the chancery court properly computed the medical impairment rating; and (2) the award was not excessive.