Chestnut v. Dairy Fresh Corp., et al.
| Docket Number: | 2006-WC-01985-COA Linked Case(s): 2006-WC-01985-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-16-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Maximum medical improvement - Attempt to find employment Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 11-06-2006 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: PERMANENT DISABILITY BENEFITS DENIED. Case Number: CI-06-0158 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARVIN CHESTNUT |
MICHAEL ADELMAN |
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| Appellee: | DAIRY FRESH CORPORATION AND GREAT AMERICAN ASSURANCE COMPANY | J. ANDREW HUGHES |
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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 - Maximum medical improvement - Attempt to find employment |
| Summary of the Facts: | Marvin Chestnut sustained a compensable injury to his back while working at Dairy Fresh, for which he was awarded temporary total disability benefits. However, Chestnut was denied permanent partial disability benefits for failure to conduct the required job search effort. The Commission affirmed the decision, as did the circuit court. Chestnut appeals. |
| Summary of Opinion Analysis: | When the claimant has not returned to work after reaching maximum medical recovery, the claimant must establish either that he has sought and been unable to obtain work in similar or other jobs or show that, upon his reaching maximum medical improvement, he reported back to his employer and the employer refused to reinstate or rehire him. Chestnut argues that he has yet to reach maximum medical improvement, and therefore, the Commission’s finding that he failed to report back to Dairy Fresh or seek employment elsewhere was premature. After viewing a surveillance video depicting Chestnut changing a flat tire and picking up a child, both of Chestnut’s physicians opined that Chestnut had reached maximum medical improvement. The Commission adopted the doctor’s opinions in making its findings. Considering the evidence that the Commission had before it, there was no error in its decision that Chestnut had reached maximum medical recovery on August 18, 2003. When a claimant, after reaching maximum medical improvement, fails to prove that he sought, but nonetheless failed, to regain employment or secure alternate employment, an award of permanent disability benefits is precluded. One attempt at finding employment has been held to not be sufficient. Even assuming that Chestnut’s endeavor to perform yard work for a friend constitutes a job search, this one attempt at securing alternative employment is insufficient to demonstrate a permanent partial disability. |
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