Cooper Tire & Rubber Co. v. Harris
| Docket Number: | 2002-WC-00483-COA Linked Case(s): 2002-WC-00483-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Work-related injury - Loss of wage-earning capacity Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 02-28-2002 Appealed from: Coahoma County Circuit Court Judge: Kenneth L. Thomas Disposition: FINDINGS OF THE FULL WORKERS' COMPENSATION COMMISSION OF PERMANENT DISABILITY AND LOSS OF WAGE-EARNING CAPACITY AND AWARD OF $50 PER WEEK FOR 450 WEEKS AFFIRMED. Case Number: 14-CI-010078 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cooper Tire & Rubber Company, a Self-Insurer |
JOHN H. FREELAND |
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| Appellee: | John E. Harris, Sr. | J. KIRKHAM POVALL |
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| Topic: | Workers’ compensation - Work-related injury - Loss of wage-earning capacity |
| Summary of the Facts: | John Harris filed a petition to controvert alleging that he sustained a compensable pulmonary injury while working as a Banbury operator in Cooper Tire's plant in Clarksdale. The administrative law judge found that Harris was due temporary total disability benefits and medical benefits but rejected his claims for permanent disability and loss of wage-earning capacity. Harris and Cooper Tire appealed to the Workers Compensation Commission which remanded on the issue of whether Harris had suffered permanent disability and a loss of wage-earning capacity. A second administrative law judge found that Harris had suffered a permanent disability and a loss of wage-earning capacity, and awarded Harris benefits of $50 per week for 450 weeks, with credit for previous compensation. Cooper Tire appealed, and the Commission and the circuit court both affirmed the administrative law judge's findings. Cooper Tire appeals. |
| Summary of Opinion Analysis: | Issue 1: Work-related injury The three elements of a claim of compensable work-related injury are that the injury was accidental; it arose out of and in the course of employment; and there is a causal connection between the injury and the disability. An injury is compensable if the conditions of employment contributed to it. Harris suffered pneumonia and fibrotic scarring of the lungs. Cooper Tire argues that Harris's history as a smoker contributed greatly to his illness. However, there was uncontested testimony from a doctor that smoking would not cause the fibrotic scarring that led to Harris's pneumonia. Because the extensive loss of lung function caused by the fibrotic scarring which is not symptomatic of long-term cigarette smoking is the underlying injury, the Commission's finding of a compensable injury is supported by substantial evidence. Issue 2: Loss of wage-earning capacity Cooper Tire argues that Harris has not suffered a loss of wage-earning capacity, because he has been continually employed since his injury and is making more money now and working more hours than he was before his injury. To rebut the presumption that he did not suffer a loss of wage-earning capacity because his earnings are greater than before, Harris can show that the earnings information is unreliable because of an increase in wage levels since the time of the accident; Harris's own greater maturity and training; longer hours working following the accident; sympathy money; and any other factor where post-injury wages are a less reliable factor of earning capacity. Not only did a co-worker provide Harris with assistance from the time he returned to work following the injury, but Harris tended to work less hours following his injury. Therefore, the finding of the Commission that Harris had suffered a loss of wage-earning capacity is supported by substantial evidence. |
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