Weatherspoon v. Croft Metals, Inc., et al.
| Docket Number: | 2000-CT-01411-SCT Linked Case(s): 2000-WC-01411-COA ; 2000-CT-01411-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 04-24-2003 Opinion Author: Carlson, J. Holding: Reversed the Court of Appeals and Reinstated the judgment of the Commission |
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| Additional Case Information: |
Topic: Workers’ compensation - Usual employment - Wage earning capacity Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ. Dissenting Author : Graves, J. GRAVES,J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION Dissenting Author : McRae, P.J. Dissent Joined By : Diaz and Easley, J. Procedural History: Admin / Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 08-11-2000 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: AFFIRMED DECISION OF THE COMMISSION REDUCING CLAIMANT'S BENEFIT AWARD Case Number: 99-0104-A-B |
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| Note: | The Court of Appeals held that if Weatherspoon was unable to perform those substantial acts of her employment as result of her injury, then she was entitled to benefits for the total loss of use of the scheduled member, and the Supreme Court reversed the same, finding that the scope of "ususal employmnet" is broader than the job held at time of the injury. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/Conv11459.pdf . | |
| Party Name: | Attorney Name: | |||
| Appellant: | Brenda Weatherspoon |
LAMPTON O. WILLIAMS, JR. |
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| Appellee: | Croft Metals, Inc., and Liberty Mutual Insurance Company | JOHN S. GONZALEZ |
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| Topic: | Workers’ compensation - Usual employment - Wage earning capacity |
| Summary of the Facts: | While employed at Croft Metals, Inc., Brenda Weatherspoon suffered a repetitive-motion injury to both hands that was diagnosed as carpal tunnel syndrome. The administrative judge found that Weatherspoon had suffered a 100% industrial disability to her right arm, entitling her to 200 weeks of compensation and that the injury to her left arm could not further diminish her ability to perform the duties of her previous employment and awarded her 10% of the maximum scheduled benefits for the left arm, or 20 weeks. Croft Metals appealed to the Full Commission which reduced the award to 40 weeks or 10% of the maximum period for each arm. The circuit court affirmed. Weatherspoon appealed, and the Court of Appeals reversed and remanded to the Commission for a determination of the total amount of permanent partial benefits due based on 200 weeks for the right arm (or 100% industrial disability) and 20 weeks for the left arm. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | A claimant suffering a scheduled member injury is entitled to the higher of the two disabilities, functional or occupational, in the event of a variance in the two. Maximum scheduled benefits should be awarded where the injury prevents the worker from performing the substantial acts of his usual employment. When a permanent partial disability renders a worker unable to continue in the position held at the time of the injury, there is a rebuttable presumption of total occupational loss of use of the member, subject to other proof of the claimant's ability to earn the same wages that the claimant was receiving at the time of the injury. The scope of "usual employment" is broader than the job held at the time of the injury. Wage-earning capacity is a factor to be considered, and the Commission should look to the entire factual context to make such a judgment. Weatherspoon had been working at Croft Metals for only four months before developing carpal tunnel syndrome. At the time of the workers' compensation hearings, she held a commercial driver's license and she testified that she intended to find work as a truck driver. Therefore, her claim for benefits for total occupational loss of use of her arms fails. The decision of the Commission is reinstated. |
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