Lankford v. Rent-A-Center, Inc., et al.
| Docket Number: | 2006-WC-00714-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-24-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Total temporary disability Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 03-24-2006 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: AFFIRMED COMMISSION’S DECISION TO AMEND ADMINISTRATIVE LAW JUDGE’S AWARD OF BENEFITS Case Number: CV2005-0333CD |
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| Party Name: | Attorney Name: | |||
| Appellant: | NOLAN D. LANKFORD |
DAVID L. WALKER |
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| Appellee: | RENT-A-CENTER, INC. AND UNITED STATES FIDELITY & GUARANTY COMPANY | H. BYRON CARTER, III |
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| Topic: | Workers’ compensation - Total temporary disability |
| Summary of the Facts: | Nolan Lankford was injured during the course of his employment at Rent-A-Center, Inc. Rent-A-Center and its carrier, United States Fidelity & Guaranty Company, admitted Lankford sustained compensable injuries. Lankford continued to work at Rent-A-Center until he was fired on July 18, 2003, receiving his full, pre-injury pay of $519.23 until his termination. Lankford filed a petition to controvert with the Mississippi Worker’s Compensation Commission, arguing that he was entitled to temporary total disability benefits. The administrative law judge found that Lankford was temporarily totally disabled from the period of June 13, 2003 (the date of injury) until January 6, 2004 (the date Lankford reached full maximum medical improvement), and Lankford suffered no permanent disability as a result of his injury. Rent-A-Center was ordered to pay temporary total disability benefits at a rate of $331.06 per week from June 13, 2003, through January 6, 2004. Rent-A-Center was given credit for the wages Lankford earned during this time. Rent-A-Center and United States Fidelity filed a petition for review by the Commission. The Commission affirmed the administrative judge’s grant of temporary benefits but amended the period of compensation. Lankford appealed to circuit court which affirmed. Lankford appeals. |
| Summary of Opinion Analysis: | Lankford argues that, after his surgery, he was placed on restrictions by his physician and could return to work with only the use of his right arm. He argues that because he could not return to his prior job duties, the Commission’s period of total temporary disability is inaccurate and is not supported by the evidence. The Commission found that the period from September 17, 2003 until November 4, 2003, following the surgery, was the only time during which Lankford’s injury prevented him from earning wages. The Commission found that, up until his dismissal for reasons unrelated to his injury, Lankford continued his usual employment. The Commission noted that but for Lankford’s dismissal, he could have returned to his prior employment. These findings are supported by substantial evidence within the record. |
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