Richards v. Harrahs Entertainment, Inc.
| Docket Number: | 2003-WC-00204-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: Myers, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Workers' compensation - Loss of wage earning capacity Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ. Non Participating Judge(s): Irving and Barnes, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 01-08-2003 Appealed from: TUNICA COUNTY CIRCUIT COURT Judge: Al Smith Disposition: CLAIMANT AWARDED A THIRTY PERCENT LOSS OF WAGE EARNING CAPACITY Case Number: 01-0346 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael D. Richards |
ELLIS TURNAGE |
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| Appellee: | Harrah's Entertainment, Inc. | JEFFREY DEAN LEATHERS VALARIE BLYTHE HANCOCK MICHAEL D. GREER |
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| Topic: | Workers' compensation - Loss of wage earning capacity |
| Summary of the Facts: | While employed by Harrah’s Casino, Michael Richards injured his back while bending over to lift a beer keg off the floor. He sought medical treatment from several physicians who diagnosed him as having lower back strain. He returned to work at Harrah’s as a restaurant host earning the same pay he received prior to his injury, but worked less than one week before quitting. He filed a petition to controvert. The administrative judge found that Richards sustained a permanent disability resulting in a loss of wage earning capacity of seven percent. After Richards appealed, the Commission remanded the claim back to the administrative judge for further review on Richards’ loss of wage earning capacity. The administrative judge found that considering his age, education, work history and medical impairment, Richards suffered a fourteen percent loss of wage earning capacity. Richards appealed again to the Commission which affirmed. Richards appealed to circuit court which reversed the prior ruling of a fourteen percent loss of wage earning capacity and found that Richards suffered a thirty percent loss of wage earning capacity. Richards appeals. |
| Summary of Opinion Analysis: | Richards argues that the order of the Commission was not supported by substantial evidence. Factors to be considered in determining loss of wage earning capacity include an increase in general wage levels, increased maturity or training, longer hours worked, sympathy wages, temporary and unpredictable character of post injury earnings, employee’s inability to work, employee’s failure to be hired elsewhere, and the continuance of pain and other related circumstances. Richards was treated by several doctors who all diagnosed him with low back strain and pain. He received impairment ratings ranging from 2 % to 7% to his body as a whole. After the injury, Richards returned to work at Harrah’s as a host at the same rate of pay but was terminated when he contended that he could not perform the job because of constant standing which caused muscle spasms. Since his injury at Harrah’s, Richards has consistently been employed. The administrative law judge based his finding of a fourteen percent loss of wage earning capacity on a consideration of Richards’ age, education, work history, and medical impairment. The record shows that the Commission’s order of fourteen percent loss of wage earning capacity is supported by substantial evidence and must be affirmed. Therefore, the circuit court is reversed. |
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