Scott v. KLLM, Inc.
| Docket Number: | 2009-WC-00415-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-15-2010 Opinion Author: Ishee, J. Holding: The judgment of the Hinds County Circuit Court is affirmed on direct appeal and cross-appeal. |
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| Additional Case Information: |
Topic: Workers' compensation - Loss of wage earning capacity - Section 71-3-17(a) - Reasonableness of job search - Permanent occupational disability Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concurs in Result Only: Irving and Roberts, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 09-15-2008 Appealed from: Hinds County Circuit Court Judge: William F. Coleman Disposition: AFFIRMED DECISION OF WORKERS’ COMPENSATION COMMISSION Case Number: 08-54 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | William M. Scott |
JOHN HUNTER STEVENS |
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| Appellee: | KLLM, Inc. | RICHARD MACK EDMONSON, JR., BRIDGETTE TRENETTE THOMAS, COURTNEY ANNE TITUS | ||
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 - Loss of wage earning capacity - Section 71-3-17(a) - Reasonableness of job search - Permanent occupational disability |
| Summary of the Facts: | The Mississippi Workers’ Compensation Commission awarded William Scott temporary total disability benefits, permanent partial disability benefits for a back injury he sustained when he fell out of a trailer while working for KLLM, Inc., and assigned a twenty percent loss of wage-earning capacity. The circuit court affirmed the decision. Scott appeals, and KLLM cross-appeals. |
| Summary of Opinion Analysis: | Issue 1: Loss of wage earning capacity Scott argues that the overwhelming evidence substantiates that he proved to the Commission that he had suffered a loss of wage-earning capacity in excess of the maximum and that the record is void of any evidence that his job search efforts were unreasonable or constituted a mere sham. Scott sought permanent total benefits pursuant to section 71-3-17(a). The amount of the benefit is figured on a percentage of the claimant’s weekly wages at the time of the injury as compared to her wage-earning capacity in similar or other jobs thereafter. In determining the reasonableness of a claimant’s efforts in seeking employment, the following are considered: job availability, economics of the community, the claimant’s skills and background, and the nature of the disability. Scott has attempted to place the burden on KLLM to prove that his job-search efforts were unreasonable. However, this duty of the employer does not arise until Scott has shown that he has made a diligent effort, but without success, to obtain other gainful employment. Scott alleges that KLLM made no efforts to accommodate his restrictions; however, Scott admitted he did not contact KLLM to keep them informed of his treatment, status, or any restrictions placed upon his employment. He also did not contact KLLM to inquire about employment opportunities that would accommodate his restrictions. According to the record, Scott contacted potential employers regarding trucking positions, even though he has alleged that he is physically incapable of performing such a job because of his back injury. Because of this, Scott has not demonstrated that he suffered a permanent total disability as he has failed to demonstrate a complete loss of wage-earning capacity. Issue 2: Permanent occupational disability KLLM argues that there was no substantial evidence to support the Commission’s finding of a permanent occupational disability based on a twenty percent loss of wage-earning capacity. After looking at the evidence as a whole, the Commission found that Scott was temporarily and totally disabled from May 5, 2002, the date he last worked for KLLM, until July 26, 2005, at which time his doctor found him to have reached maximum medical improvement. The Commission then ordered that KLLM pay Scott temporary total disability benefits in the amount of $322.90 per week from May 5, 2002, through July 26, 2005, and permanent partial disability benefits for a period not to exceed 450 weeks, at the rate of $103.34. This issue is without merit. |
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