Hill v. Mel, Inc.
| Docket Number: | 2007-WC-00509-COA Linked Case(s): 2007-WC-00509-SCT ; 2007-WC-00509-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2008 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Presumption of permanent total disability - Motion to supplement Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, 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: 02-16-2007 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: AFFIRMED DECISION OF FULL COMMISSION THAT AFFIRMED DECISION OF ADMINISTRATIVE LAW JUDGE TO DENY COMPENSATION Case Number: 2006-34(c) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SIDNEY HILL |
ELLIS TURNAGE |
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| Appellee: | MEL, INC. D/B/A PURE WATER SOLUTIONS AND ROYAL INDEMNITY | STEPHANIE A. TAYLOR |
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| Topic: | Workers’ compensation - Presumption of permanent total disability - Motion to supplement |
| Summary of the Facts: | Sidney Hill was terminated from his job with Pure Water Solutions after he was injured in a motor vehicle accident while working. Hill applied for workers’ compensation benefits and was found to be twenty percent permanently partially disabled by the administrative law judge. Hill appealed to the Full Commission which affirmed the ALJ’s decision. Hill appealed to circuit court which affirmed. Hill appeals. |
| Summary of Opinion Analysis: | Issue 1: Presumption Hill argues that he is entitled to a presumption that he is permanently totally disabled as a result of PWS’s refusal to rehire him. In general, when a claimant who has been found to be permanently partially disabled reaches maximum medical recovery, reports back to the employer for work, and the employer refuses to reinstate or rehire him, then the claimant has established a prima facie showing of total disability. However, the post-injury capacity to earn wages at other employment, even at a diminished level, is enough to defeat a claim for permanent total disability. Hill currently drives a school bus, which is a job requiring similar skills to his job at PWS, and his past experience, education, and training have prepared him to work as a mechanic and tow truck operator. While Hill is not earning a greater salary now than he did prior to his injury, allowing him to receive total disability when he is in fact partially disabled would grant him a windfall contrary to the specific beneficial and remedial purpose of workers’ compensation. Therefore, the ALJ did not err when he found that Hill was twenty percent permanently partially disabled. Issue 2: Motion to supplement Hill argues that the commission erred when it disallowed additional evidence because it had already ruled on Hill’s claim. While the commission erred in finding that it could not supplement the record and allow additional evidence, the error is harmless since nothing could have changed the outcome of Hill’s claim. |
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