Martinez v. Swift Transportation, et al.


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Docket Number: 2006-WC-01442-COA

Court of Appeals: Opinion Link
Opinion Date: 08-14-2007
Opinion Author: KING, C.J.
Holding: Affirmed

Additional Case Information: Topic: Workers’ compensation - Benefits to the body as a whole - Medical evidence
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

Trial Court: Date of Trial Judgment: 07-31-2006
Appealed from: Claiborne County Circuit Court
Judge: Lamar Pickard
Disposition: TRIAL COURT AFFIRMED ORDER OF COMMISSION DENYING CLAIMANT PERMANENT DISABILITY BENEFITS BUT GRANTING PARTIAL PERMANENT DISABILITY BENEFITS
Case Number: 2006-22

  Party Name: Attorney Name:  
Appellant: CALIXTO MARTINEZ




JOHN HUNTER STEVENS



 

Appellee: SWIFT TRANSPORTATION AND INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA L. PEPPER COSSAR  

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Topic: Workers’ compensation - Benefits to the body as a whole - Medical evidence

Summary of the Facts: Calixto Martinez was employed with Swift Transportation as an over-the-road truck driver. As a result of an accident, Martinez suffered injuries and filed a petition to controvert. Swift contested the existence and extent of Martinez’s temporary total and permanent partial disability as a result of the work-related accident. The Administrative Law Judge granted Martinez temporary total disability benefits from the date of the accident, April 12, 2001, through the date of Martinez’s maximum medical improvement, September 19, 2002. The ALJ also ordered payment of permanent partial disability, based on the 8% total body impairment rating, for a period of 450 weeks. Swift appealed to the Commission, which determined that Martinez suffered two work-related injuries, one to his rib and sternum and one to his right shoulder. The Commission concluded that Martinez had suffered a 30% loss of the use of his right arm for wage-earning purposes. The Commission overruled the ALJ’s award with respect to permanent partial disability benefits to the body as a whole and awarded Martinez permanent partial disability benefits based on its findings of an injury to a scheduled member. The Commission did not disturb the ALJ’s award of temporary total disability benefits. Martinez appealed to circuit court which affirmed the award of the Commission. Martinez appeals.

Summary of Opinion Analysis: Martinez argues that the Commission erred in failing to award benefits based on an injury to the body as a whole. The Commission based its findings on the objective medical evidence contained in the record. Accordingly, the Commission’s findings are supported by substantial evidence and are not arbitrary or capricious. Because the Commission rejected Dr. Ferrer’s objective medical findings in favor of Dr. Vohra’s objective medical findings, this Court cannot say that the Commission’s findings are arbitrary or capricious. Martinez argues that the Commission was required to give greater weight to Dr. Ferrer’s findings because Dr. Ferrer was a treating physician and Dr. Vohra was retained as an expert for Swift. Mississippi law does not require the Commission to give a treating physician’s opinion more weight than an expert witness physician’s opinion. Having issued a finding of permanent partial disability with regard to Martinez’s arm only, the Commission correctly concluded, as a matter of law, that Martinez’s injury was subject to disability benefits under the scheduled member chart set forth in section 71-3-17©(1) and not the general total body impairment scheme stated in section 71-3-17©(25).


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