Smith v. Rizzo Farms, Inc., et al.
| Docket Number: | 2002-WC-01361-COA Linked Case(s): 2002-CT-01361-SCT ; 2002-WC-01361-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-28-2003 Opinion Author: Chandler, J. Holding: AFFIRMED IN PART; REVERSED AND REMANDED IN PART |
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| Additional Case Information: |
Topic: Workers’ compensation - Loss of wage earning capacity - Medical impairment ratings - Penalties and interest Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 07-19-2001 Appealed from: Bolivar County Circuit Court Judge: Larry O. Lewis Disposition: AFFIRMED THE DECISION OF THE WORKERS’ COMPENSATION COMMISSION Case Number: 2001-0080 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MELFORD SMITH |
DAVID N. GILLIS
WAYNE E. FERRELL |
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| Appellee: | RIZZO FARMS, INC. AND LIBERTY MUTUAL INSURANCE COMPANY | WILLIAM BIENVILLE SKIPPER H. BYRON CARTER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Workers’ compensation - Loss of wage earning capacity - Medical impairment ratings - Penalties and interest |
| Summary of the Facts: | While employed as a catfish farm manager at Rizzo Farms, Inc., Melford Smith alleges he sustained severe and permanent employment related injuries. The order of the administrative law judge provided for temporary total disability benefits at a rate of $243.75 weekly for 64.75 weeks for Smith’s hip injury which remained due and owing as of December 12, 1994; permanent partial disability benefits at the rate $243.75 per week for 64.75 weeks beginning on December 12 , 1995, for injury to Smith’s hip; and all medical services and supplies by nature of the injury and process of his recovery. Smith appealed to the Full Commission which affirmed. Smith appealed to circuit court which affirmed the Commission but remanded the case for a determination of when temporary total disability benefits were due, when such benefits were paid and whether Smith was entitled to penalties and interest for the carrier’s failure to make payments in a timely manner. The administrative law judge stated that she was without authority and jurisdiction to consider the remand because Smith had appealed to the Court of Appeals. |
| Summary of Opinion Analysis: | Issue 1: Loss of wage earning capacity Smith argues that he has a diminished wage earning capacity. Factors to be considered in determining wage earning capacity are the amount of education and training which the claimant has had, his inability to work, his failure to be hired elsewhere, the continuance of pain, and any other related circumstances. The medical evidence indicates that Smith has incurred various injuries that have resulted in permanent medical impairments. Following each injury, Smith continued to work in the same occupation earning the same or higher rate of pay and performing the same job duties. His education and job experience qualify him for a variety of jobs that could result in income equal to the amount he received while employed at Rizzo Farms. The fact that Smith accepted a lower paying job as a school teacher is not, in and of itself, prima facie evidence of an inability to obtain higher wages considering the number of college degrees that Smith holds. Smith also argues that he is entitled to an award in excess of his medical impairment ratings. The medical impairment ratings are reflected by the impairment ratings assigned by Smith’s medical providers and are supported by substantial evidence. Issue 2: Penalties and interest Smith argues that penalties and interest should be awarded for failure to pay timely benefits. Since the administrative law judge declined to consider the circuit court’s remand for lack of jurisdiction, the case is remanded to the Commission to make a determination as to whether Smith is entitled to penalties and interest for his permanent medical disability payments, and if so, the amount due. This will require the Commission to make a determination as to when temporary disability payments were due Smith and the dates when payments were actually made. |
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