Lott v. Hudspeth Ctr.
| Docket Number: | 2007-CT-01525-SCT Linked Case(s): 2007-WC-01525-COA ; 2007-WC-01525-COA ; 2007-CT-01525-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 01-07-2010 Opinion Author: Pierce, J. Holding: THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND THE JUDGMENT OF THE MONTGOMERY CIRCUIT COURT IS REINSTATED AND AFFIRMED |
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| Additional Case Information: |
Topic: Workers' compensation - Permanent disability - Section 71-3-3(i) - Loss of wage-earning capacity Judge(s) Concurring: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ. Non Participating Judge(s): Dickinson and Chandler, JJ. Dissenting Author : Kitchens, J., with separate written opinion. Dissent Joined By : Graves, P.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 08-20-2007 Appealed from: MONTGOMERY COUNTY CIRCUIT COURT Judge: Joseph H. Loper Disposition: After a hearing before an administrative-law judge, Martha Lott was found permanently disabled in accordance with Mississippi Code Section 71-3-17(a) (Rev. 2000). The judge required her employer, Hudspeth Center (“Hudspeth”), to pay Lott total disability payments for a period of 450 weeks. Hudspeth and the Mississippi State Agencies Workers’ Compensation Trust (“carrier”) appealed to the Mississippi Workers’ Compensation Commission (“Commission”). The Commission issued its Order on June 29, 2006, reversing the administrative judge, and disallowing Lott from receiving 450 weeks of permanent, total disability benefits. The Commission determined that Lott had no additional loss of wage-earning capacity in excess of the maximum allowed for scheduled-member injuries pursuant to Mississippi Code Section 71-3-17(c) (Rev. 2000). Lott then appealed the decision of the Commission to the Montgomery County Circuit Court. On August 31, 2007, the Montgomery County Circuit Court affirmed the Commission’s decision. Lott then appealed to the Mississippi Supreme Court, and the case was assigned to the Court of Appeals. The Court of Appeals reversed the ruling of the Commission and the circuit court, finding that Lott had made a prima facie showing of permanent total disability that Hudspeth had failed to rebut. As a result, the Court of Appeals awarded Lott compensation equal to sixty-six-and-two-thirds percent of her average weekly wage before her injury, for a period of 450 weeks. Case Number: 2006-0120CVL |
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| Note: | This opinion reverses a previous opinion by the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO50237.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARTHA LOTT |
WILLIAM BENJAMIN RYAN |
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| Appellee: | HUDSPETH CENTER AND MISSISSIPPI STATE AGENCIES WORKERS’ COMPENSATION TRUST | WILLIAM BIENVILLE SKIPPER |
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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 disability - Section 71-3-3(i) - Loss of wage-earning capacity |
| Summary of the Facts: | After a hearing before an administrative-law judge, Martha Lott was found permanently disabled in accordance with section 71-3-17(a). The judge required her employer, Hudspeth Center, to pay Lott total disability payments for a period of 450 weeks. Hudspeth and the Mississippi State Agencies Workers’ Compensation Trust appealed to the Mississippi Workers’ Compensation Commission. The Commission reversed the administrative judge, disallowing Lott from receiving 450 weeks of permanent, total disability benefits. Lott appealed, and the circuit court affirmed the Commission’s decision. Lott appealed, and the Court of Appeals reversed the ruling of the Commission and the circuit court, finding that Lott had made a prima facie showing of permanent total disability that Hudspeth had failed to rebut. As a result, the Court of Appeals awarded Lott compensation equal to sixty-six-and-two-thirds percent of her average weekly wage before her injury, for a period of 450 weeks. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Lott argues that the Commission erred when it held that Lott was not permanently and totally disabled. In order to receive compensation at all, Lott must show that she has a disability as defined by the Mississippi Workers’ Compensation Act. Section 71-3-3(i) defines disability as incapacity because of injury to earn the same wages which the employee was receiving at the time of the injury in the same or other employment. In order to determine that an employee is disabled, there must be a finding that the claimant could not obtain work in similar or other jobs and that the claimant’s unemployability was due to the injury in question. In determining the reasonableness of a claimant’s job search, the following factors are considered: job availability, economics of the community, the claimant’s skills and background, and the nature of the disability. Another consideration in determining whether a claimant has a disability is her wage-earning capacity. In this case, the Court of Appeals held that the Commission had erred as a matter of law by not employing the proper legal standard because it “made no findings regarding whether Lott had made a prima facie case of total disability and whether her employer had met its burden in showing her efforts were unreasonable.” However, the Commission did find that Lott had failed to prove a loss of wage-earning capacity. The Commission noted that because of this failure, Lott did not meet her burden of showing a prima facie case of total disability. There is little or no doubt that Lott suffered an injury. However, that injury must rise to the level of a disability before it is compensable. Substantial evidence supports a finding that Lott did not have a permanent, total disability. The record shows that Lott applied for or inquired about 194 separate positions. However, there is substantial evidence that the lack of employment was not due to her injury. Dr. Bennett released Lott without any work restrictions. The only restriction imposed came from Dr. Collip. He found that Lott could no longer lift 100 pounds, so she was restricted to a sixty-pound maximum. Nonetheless, Lott also was restricted by other factors that had nothing to do with her injury. The Commission concluded that Lott was unable to find employment due “to the depressed economic conditions in the area where she lives, and not to the injury itself.” This conclusion was based on substantial evidence presented by Lott’s expert. Thus, the circuit court’s holding is affirmed. |
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