AirTran, Inc. v. Byrd
| Docket Number: | 2006-WC-00674-COA Linked Case(s): 2006-CT-00674-SCT ; 2006-CT-00674-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 10-11-2007 |
|
| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Workers’ compensation - Causal connection - Permanent partial disability benefits Judge(s) Concurring: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Concurs in Result Only: Irving, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
|
| Trial Court: |
Date of Trial Judgment: 04-04-2006 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: DECISION OF THE WORKERS’ COMPENSATION COMMISSION AFFIRMED Case Number: A2401-2005-244 |
|
| Note: | This judgment was reversed by the Supreme Court on 10/11/2007. The SCT opinion can viewed at http://courts.ms.gov/Images/Opinions/CO44438.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | AIRTRAN, INC., AND AMERICAN
MANUFACTURERS INSURANCE COMPANY |
W. BIENVILLE SKIPPER |
||
| Appellee: | PAMELA BYRD | FLOYD J. LOGAN |
|
|
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. |
|
| Topic: | Workers’ compensation - Causal connection - Permanent partial disability benefits |
| Summary of the Facts: | Pamela Byrd, a ticket agent for AirTran at the Gulfport-Biloxi Airport, fell while assisting and loading luggage into the cargo hull of an aircraft. She was awarded compensation by the administrative judge for injuries sustained to her neck, right shoulder and lower back. However, her left shoulder and left hip injuries and the conditions of fibromyalgia and vascular necrosis were held not to be compensable. The employer and carrier, AirTran and American Manufacturers Insurance Company, appealed but the Commission affirmed. AirTran appealed, and the circuit court affirmed. AirTran appeals. |
| Summary of Opinion Analysis: | Issue 1: Causal connection AirTran argues that substantial evidence does not support the Commission’s finding of a work-related lower back injury because none of Byrd’s physicians connected Byrd’s lower back pain with the injuries she sustained in the work accident. The causal connection between the claimant’s injury and disability must be proven with competent medical proof and based upon a reasonable degree of medical probability. The administrative judge, in making her decision finding Byrd’s lower back injuries compensable as a work-related injury, summarized several relevant portions of Byrd’s medical records supportive of finding a causal connection. Furthermore, the Commission had a doctor’s medical records and deposition testimony before it and found that his testimony was probative and persuasive in causally relating Byrd’s lower back injury to her fall at work. The record supports the conclusion that the order of the Commission was adequately supported by competent substantial evidence. Issue 2: Permanent partial disability benefits AirTran argues that the Commission erred in crafting the permanent partial disability award because Byrd did not offer proof substantiating her loss of wage earning capacity. In determining a claimant’s loss of wage earning capacity, the Commission should take into consideration all of the factual elements presented to it in order to arrive at its conclusion regarding the extent of the claimant's disability. The Commission considers the employee’s actual wages earned prior to the injury as compared to the employee’s capacity to earn those same wages after the injury, as well as other factors such as the employee’s age, education, training and work experience, and his or her ability to return to the same or other employment. In light of the evidence of Byrd's physical condition and wage-loss factors, there is substantial evidence to support the Commission's finding of permanent partial disability. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
