In the recent case of Brown v Campbell County Bd. of Educ., 914 S.W.2d407 (Tenn. 1995), the Tennessee Supreme Court found that the use of the Guides' fourth edition was proper and constitutional. The constitutional challenge involved two claimants.

In the first case, the claimant, Brenda Harless, sustained a back injury diagnosed as a bulging disc. Her treating neurosurgeon rated her impairment at 2% to 3% of the whole body. Her attorney sent her to an orthopedic surgeon who assigned a 14% whole body anatomical impairment rating. The claimant then developed depression which a new treating doctor had difficulty rating under the Guides.

In the second case, the claimant, Brown, injured her neck at work. Her family practitioner opined that her injury at work aggravated her pre-existing emotional problems of severe and chronic depression. He was...

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