Dep't of Health v. Stinson
| Docket Number: | 2007-WC-01139-COA Linked Case(s): 2007-WC-01139-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-05-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Conflicting medical evidence - Reemployment efforts - Wage-earning capacity Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, 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: 06-07-2007 Appealed from: PERRY COUNTY CIRCUIT COURT Judge: Robert Helfrich Disposition: GRANTED PERMANENT AND TOTAL DISABILITY BENEFITS Case Number: 2006-0048 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DEPARTMENT OF HEALTH/ELLISVILLE STATE SCHOOL AND MISSISSIPPI STATE AGENCIES WORKERS’ COMPENSATION TRUST, EMPLOYER-CARRIER |
DIANE V. PRADAT,
TAMEKA WILDER BUCK |
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| Appellee: | PHYLLIS STINSON | PERCY W. WATSON |
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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 - Conflicting medical evidence - Reemployment efforts - Wage-earning capacity |
| Summary of the Facts: | Phyllis Stinson sustained an injury during the course of her employment at the Ellisville State School as a direct-care-alternate supervisor while attempting to subdue a violent child. After a hearing, the administrative law judge found Stinson to be permanently and totally disabled. His findings were adopted by the Commission. The employer appealed, and the Commission’s decision was affirmed by the trial court. The School appeals. |
| Summary of Opinion Analysis: | The School argues that the Commission’s decision was not supported by substantial evidence because no medical evidence supported a finding of permanent and total disability; Stinson did not seek out reemployment with reasonable efforts; and Stinson was actually employed as the Greene County Election Commissioner. While the School acknowledges that Stinson presented the opinion of her treating physician, who stated that Stinson was permanently and totally disabled, the School points to conflicting evidence from another doctor who stated that Stinson might be able to complete a light level of work. A treating physician’s opinion is entitled to more weight than a physician who examines the individual solely for the purpose of testifying, as was the case here. It’s clear that the Commission had substantial medical evidence to find that Stinson was permanently and totally disabled. Mississippi law requires that for an individual to show that he is disabled, he must make reasonable efforts to find the same or similar employment. Over the period of two years after Stinson had reached maximum medical improvement, she contacted twenty-eight possible employers. In addition to the employers that she contacted, she sought assistance through the Mississippi Employment Service, but they were not able to give her any referrals for possible employment. The School did not overcome its burden of proving that Stinson’s efforts were mere shams. Her efforts did not have to be exhaustive, but rather merely reasonable; and in this case, her efforts were reasonable. Clearly, Stinson has shown herself to be limited only to irregular work. Therefore, the Commission’s statement that the pay Stinson received as a part-time elected official was not indicative of her wage-earning capacity was based on substantial evidence and was neither arbitrary nor capricious. |
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