Meridian Prof'l Baseball Club and Liberty Mut. Ins. Co. v. Jensen


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Docket Number: 1999-CT-02093-SCT
Linked Case(s): 1999-WC-02093-COA
Supreme Court: Opinion Date: 10-10-2002
Opinion Author: COBB,
Holding: AFFIRMED - We affirm the judgments of the Commission and the Court of Appeals and explore how such claims should be examined.
Additional Case Information: Judge(s) Concurring: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, JJ.,
Dissenting Author : both GRAVES, J., and McRAE, P.J.,
Dissent Joined By : McRaie is JOINED BY DIAZ, J.
Concurs in Result Only: EASLEY, J.,
Procedural History: Admin or Agency Judgment
Nature of the Case: Worker's Comp
Trial Court: Date of Trial Judgment: 11-15-1999
Appealed from: Lauderdale County Circuit Court
Judge: Robert Bailey
Disposition: The administrative judge found by "the evidence as a whole" that, although Jensen could no longer play professional baseball, "he can earn as much or more working part time while going to college than he was earning as a baseball player at the time of the injury." Notwithstanding this wage-earning capacity, the AJ awarded benefits for a 25% occupational loss of use of Jensen's left arm. The full Commission affirmed, and the case has proceeded on appeal. Lauderdale County Circuit Court ruled in Jensen's favor in the initial appeal. The circuit court found the law to be that total loss of use to a scheduled member occurs when a claimant is unable to perform the "substantial acts of his usual employment" and that "usual employment" refers to a claimant's job at the time of injury. The Court of Appeals reversed the circuit court's judgment and reinstated the order of the Commission.
Note: PITTMAN, C.J., SMITH, P.J., WALLER AND CARLSON, JJ., CONCUR. EASLEY, J., CONCURS IN RESULT ONLY. GRAVES, J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. McRAE, P.J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY DIAZ, J.
  Party Name: Attorney Name:  
Appellant: MERIDIAN PROFESSIONAL BASEBALL CLUB AND LIBERTY MUTUAL INSURANCE COMPANY




 DONALD V. BURCH JOHN S. GONZALEZ



  
Appellee: BLAIR JENSEN KEVIN LEWIS  


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