Smith v. Johnston Tombigbee Furniture Mfg. Co.
| Docket Number: | 2009-WC-00381-COA Linked Case(s): 2009-WC-00381-COA2009-CT-00381-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-23-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Permanent total disability - Section 71-3-3(i) - Reasonable efforts to find other employment Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Ishee and Roberts, JJ. Non Participating Judge(s): Barnes, J.; Carlton, J. Concurs in Result Only: King, C.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 02-20-2009 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: AFFIRMED WORKERS’ COMPENSATION COMMISSION DECISION AWARDING THIRTY-PERCENT (30%) PERMANENT PARTIAL DISABILITY BENEFITS Case Number: 2008-0122-CV1 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Alonzo Smith |
JOHN HUNTER STEVENS, MARK L. PEARSON |
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| Appellee: | Johnston Tombigbee Furniture Manufacturing Company and Bridgefield Casualty Insurance Company | DENNIS W. VOGE | ||
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 total disability - Section 71-3-3(i) - Reasonable efforts to find other employment |
| Summary of the Facts: | Alonzo Smith suffered an on-the-job injury while employed by Johnston Tombigbee Furniture Manufacturing Company. Johnston Tombigbee and its insurance carrier, Bridgefield Casualty Insurance Company, admitted compensability, but disputed Smith’s claims as to the extent of his disability. The administrative law judge found Smith permanently and totally disabled. The Workers’ Compensation Commission affirmed the ALJ’s finding of compensability, but reversed her award of disability benefits. The Commission amended the ALJ’s order to reflect a thirty-percent permanent partial disability award. On appeal, the circuit court affirmed the Commission’s decision. Smith appeals. |
| Summary of Opinion Analysis: | Section 71-3-3(i) defines “disability” as incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings. The concept of disability has components of both a physical injury and a loss of wage-earning capacity. In order to meet the definition of disability, the claimant must not be able to obtain work in similar or other jobs, and the claimant’s unemployability must be due to the injury in question. The issue of whether a claimant’s permanent disability is partial or total is a fact question to be determined from the evidence as a whole, including both medical and lay testimony. The claimant is required to make a prima facie showing that he has sought and been unable to find work in the same or other employment. The claimant may make a prima facie case by reporting back to the employer after reaching MMI when the employer refuses to reinstate the claimant or by proving reasonable efforts to find other employment. The ability to earn post-injury wages, even significantly diminished post-injury wages, defeats a claim of permanent total disability. Here, the record indicates Smith did not reapply or make an otherwise diligent effort to return to work at Johnston Tombigbee after reaching MMI. Dr. Chang, who treated Smith extensively for about a year and a half, was never able to explain Smith’s subjective complaints about pain in his right leg. Dr. Leis, to whom Smith was referred by Dr. Chang to conduct nerve studies, was likewise unable to explain Smith’s complaints of decreased sensation in his leg. Under these circumstances, the Commission did not err in concluding that Smith had failed to establish a prima facie case of permanent total disability. |
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