Whirlpool Corp. v. Wilson


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Docket Number: 2005-WC-01366-COA

Court of Appeals: Opinion Link
Opinion Date: 11-14-2006
Opinion Author: ISHEE, J.
Holding: Affirmed

Additional Case Information: Topic: Workers’ compensation - Permanent medical impairment - Loss of wage-earning capacity
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, GRIFFIS, BARNES, AND ROBERTS, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 03-23-2005
Appealed from: Lafayette County Circuit Court
Judge: Andrew K. Howorth
Disposition: CIRCUIT COURT AFFIRMED THE DECISION OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION AWARDING WILSON PERMANENT TOTAL DISABILITY.
Case Number: L04-112WC

  Party Name: Attorney Name:  
Appellant: WHIRLPOOL CORPORATION




MARK W. PREWITT



 

Appellee: MARY J. WILSON KEITH SANDERS CARLTON  

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Topic: Workers’ compensation - Permanent medical impairment - Loss of wage-earning capacity

Summary of the Facts: Mary Wilson injured her lower back while inspecting a microwave for her employer, Whirlpool Corporation. The Mississippi Workers’ Compensation Commission affirmed the decision of the administrative judge awarding permanent total disability benefits to Wilson on the grounds that Whirlpool failed to provide Wilson with suitable post-injury employment, and that Wilson reasonably but unsuccessfully attempted to find subsequent gainful employment. The circuit court affirmed the Commission’s decision. Whirlpool appeals.

Summary of Opinion Analysis: Issue 1: Permanent medical impairment Whirlpool argues that Wilson’s claim of disability is unsupported by medical findings, as required by section 71-3-3(i). The second functional capacity evaluation concluded that Wilson was not able to return to her regular duties and that she was only able to lift at the sedentary range. The evaluation further recommended that Wilson begin a chronic pain program. Moreover, two doctors provided Wilson with return-to-work slips that restricted her to light duty work only. This is substantial evidence to support the Commission’s decision that Wilson sustained a permanent medical and occupational disability as a result of her lower back injury. Issue 2: Loss of wage-earning capacity Whirlpool argues that the record shows that it attempted to reinstate Wilson into a full-time position and that Wilson failed to prove that she made reasonable efforts to find similar or other employment. When the claimant, having reached maximum medical recovery, reports back to the employer for work, and the employer refuses to reinstate or rehire him, then the claimant has established a prima facie showing of total disability. After reaching maximum medical improvement, Wilson attempted to continue working for Whirlpool in a light duty position. According to Wilson’s testimony, however, her supervisors required her to return to full duty on the assembly line or leave. Wilson further testified, after being given no choice but to resign from her employment with Whirlpool, she contacted eleven different businesses seeking employment. Whirlpool failed to rebut Wilson’s testimony that Whirlpool failed to provide her with work consistent with her light duty restriction.


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