Alumax Extrusions, Inc. v. Hankins
| Docket Number: | 2003-WC-01272-COA Linked Case(s): 2003-WC-01272-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Disability - Section 71-3-7 - Other employment - Amount of wages Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Barnes and Ishee, JJ. Dissenting Author : Griffis, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-27-2003 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: CLAIMANT AWARDED PERMANENT PARTIAL DISABILITY BENEFITS AT $252.59 PER WEEK FOR 450 WEEKS Case Number: CV2002-0307RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Alumax Extrusions, Inc., Self-Insured |
JOSEPH T. WILKINS |
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| Appellee: | Paul Hankins | WALLACE ALFRED WELSHANS III |
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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 - Disability - Section 71-3-7 - Other employment - Amount of wages |
| Summary of the Facts: | After being injured in his job with Alumax Extrusions, Paul Hankins filed a petition to controvert with the Mississippi Workers' Compensation Commission. The administrative law judge ordered that the employer pay compensation benefits to Hankins for permanent partial disability benefits at a rate of $252.59 per week for 450 weeks beginning on April 8, 1997. Alumax filed an appeal, and the Full Commission issued a unanimous order affirming the ruling of the administrative judge. Alumax then appealed unsuccessfully to the circuit court. Alumax appeals. |
| Summary of Opinion Analysis: | Alumax argues that the administrative judge erred when she ruled that Hankins was disabled from working as a long-haul truck driver. Section 71-3-7 requires that compensation shall be payable for disability for an injury arising out of and in the course of employment. The question of degree and duration of disability is one of fact. The degree of disability is determined by actual physical injury and loss of wage earning capacity. The Commission noted Hankins’s actions of engaging in light duty work; his continual complaints about severe back pain and the numerous doctors he visited for treatment; his repeated inquiries of his employer for work other than long-haul driving and packing, both of which aggravated his back pain; and his subsequent resignation despite his lacking only a year and a half to retire with a full pension with the Teamsters. These facts were uncontradicted by the record and were corroborated by the employer's representative, claimant’s wife, the nurse manager, and the medical evidence. Alumax also argues that the orders of the administrative judge and of the Full Commission are erroneous because they failed to note that no legitimate job search had been made by Hankins. However, the record indicates that Hankins did in fact make efforts to find other employment. Alumax argues that the administrative judge erred when he used Hankins's wages of $400 as a short-haul driver/dock loader as the basis awarding benefits. Ample evidence exists to support the Commission's finding. The undisputed testimony demonstrates that Hankins earned half of his regular salary while driving short hauls or working in the loading and packing divisions, and Hankins testified that he earned approximately $400 when he worked on the dock and when he drove short hauls. |
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