Moore v. Mueller Copper Tube Co., et al.
| Docket Number: | 2004-WC-02203-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-17-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Permanent partial disability benefits Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes and Ishee, JJ. Non Participating Judge(s): Roberts, J Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 10-14-2004 Appealed from: Itawamba County Circuit Court Judge: Paul S. Funderburk Disposition: THE TRIAL COURT AFFIRMED THE DECISION OF THE COMMISSION DENYING PERMANENT PARTIAL DISABILITY BENEFITS. Case Number: 04-0462-FI |
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| Party Name: | Attorney Name: | |||
| Appellant: | PAMELA J. MOORE |
PHILLIP M. WHITEHEAD |
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| Appellee: | MUELLER COPPER TUBE COMPANY AND ZURICH AMERICAN INSURANCE COMPANY | DAVID B. MCLAURIN, JAMES GREGORY BROWN |
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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 - Permanent partial disability benefits |
| Summary of the Facts: | As a result of a work-related injury, Pamela Moore had the top sections of her first and second fingers of her left hand amputated. Moore filed a petition to controvert. The administrative law judge denied Moore permanent partial disability benefits. Moore appealed to the full Mississippi Workers’ Compensation Commission which entered an order affirming the decision of the administrative law judge. Moore appealed to circuit court, which affirmed the decision of the Commission. Moore appeals. |
| Summary of Opinion Analysis: | Moore argues that there was substantial evidence in the record to award her permanent partial disability. A hand surgeon who treated Moore determined that Moore had reached maximum medical improvement and assessed a permanent impairment rating of eleven percent to her hand and ten percent to her arm. An orthopaedic surgeon stated that Moore could return to work six weeks after he performed surgery on Moore’s middle finger with no specific work restrictions. He concluded that Moore had reached maximum medical improvement, assessing a seventy percent permanent impairment to the middle finger which extrapolated to a fourteen percent permanent impairment to the hand and a total twenty-one percent total hand impairment or a nineteen percent upper extremity impairment. Moore herself testified that she has been able to perform her job at the same rate of other employees. She is performing the same job and earning the same wages or higher than prior to her injury. Thus, there was substantial evidence for the Commission to deny Moore permanent partial disability benefits. |
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