Leslie v. Saia Motor Freight
| Docket Number: | 2006-WC-02065-COA Linked Case(s): 2006-WC-02065-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-04-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Maximum medical improvement Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, 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: 11-06-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: AFFIRMED THE DENIAL OF WORKERS’ COMPENSATION BENEFITS Case Number: CV06-058(G)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RALPH LESLIE |
DON OLIVER GLEASON |
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| Appellee: | SAIA MOTOR FREIGHT AND FIDELITY & GUARANTY INSURANCE COMPANY | MICHAEL REED MARTZ | ||
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 |
| Summary of the Facts: | While working as a truck driver for Saia Motor Freight, Ralph Leslie fell and suffered a lower back injury. Shortly after being cleared to work, Saia released Leslie and another driver from employment because business was slow and they were the least senior employees. Following his termination from Saia, Leslie returned to work with other trucking companies. The administrative law judge entered an order holding that Leslie was not entitled to permanent disability benefits. He placed the date of maximum medical improvement at January 8, 2002, which was the date established by Leslie’s physician of choice. The judge noted that the opinions of the physicians who examined Leslie were that he suffered no permanent impairment and that he could return to work with no restrictions. The Full Commission affirmed the findings of the administrative law judge, and Leslie appealed to circuit court which affirmed the order of the Commission. Leslie appeals. |
| Summary of Opinion Analysis: | Leslie argues that it was error to find that he reached maximum medical improvement on January 8, 2002, and that because he had not reached maximum medical improvement, it was not proper at the time to determine whether permanent benefits were appropriate. Unless common knowledge suffices, medical evidence must prove not only the existence of a disability but also its causal connection to the employment. In this case, the administrative law judge found that Leslie had not met his burden of proving that he suffered from any disability nor from a loss of wage-earning capacity. There are a number of facts that support this finding. First, all of the physicians that Leslie visited cleared him to return to work with no restrictions. None of them found that Leslie suffered from any physical problems. Also, Leslie worked at a number of jobs after leaving Saia, which showed that he was able to resume his regular job duties. All of the trucking jobs required similar job duties. Thus, the judge’s findings are supported by substantial evidence indicating that Leslie had reached maximum medical improvement, was cleared to return to work by each doctor he visited, suffered from no permanent disability, and had successfully held a number of jobs following his release from Saia. |
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