Wright v. Univ. of Miss. Med. Ctr.
| Docket Number: | 2010-WC-01881-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-22-2011 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Loss of wage-earning capacity - Post-injury wages Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 10-22-2010 Appealed from: Hinds County Circuit Court Judge: Malcolm Harrison Disposition: AFFIRMED THE WORKERS’ COMPENSATION COMMISSION DENIAL OF BENEFITS Case Number: 251-10-584 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Irene Wright |
JOHN HUNTER STEVENS |
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| Appellee: | The University of Mississippi Medical Center, A Member of the Mississippi Institutions of Higher Learning | JOSEPH T. WILKINS III | ||
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 - Post-injury wages |
| Summary of the Facts: | Irene Wright, a certified nurse’s assistant employed by the University of Mississippi Medical Center, suffered a back and neck injury while on the job. Wright filed a petition to controvert with the Mississippi Workers’ Compensation Commission. After receiving temporary disability benefits and medical payments, she returned to work. However, finding she could no longer perform her duties as a CNA, she quit and was referred to a vocational counselor. Almost two years later, Wright obtained other employment with UMMC as a file clerk. She subsequently quit her position as file clerk after five months, claiming she was unable to maintain the job due to her injury. Wright contended she was entitled to permanent disability benefits due to loss of wage-earning capacity. Her claim was denied by the Commission, and on appeal, the circuit court upheld the Commission’s findings. Wright appeals. |
| Summary of Opinion Analysis: | Wright argues that the Commission’s findings are against the weight of the evidence, and she should have been awarded permanent benefits for loss of wage-earning capacity. Factors to be considered in determining the fact and extent of a claimant’s loss of wage-earning capacity are the amount of education and training which the claimant has had, his inability to work, his failure to be hired elsewhere, the continuance of pain, and any other related circumstances. The claimant bears the burden of proving a loss of wage-earning capacity. If the claimant’s post-injury wages are equal to or exceed the pre-injury wages, then a rebuttable presumption arises that the claimant has experienced no loss of wage-earning capacity. Although Wright claimed her injury prevented her from continuing to work as a file clerk, Wright’s supervisor for the file-clerk position said that the job did not include any heavy lifting. It merely required sitting at a desk and standing at the copier. Also, the files were rarely more than three pounds each. Also, no physician who examined Wright indicated she could not perform the duties required by the file-clerk position. Brawner attempted to assist Wright in finding employment by providing her with information on forty-four potential employers. The majority of the jobs provided by Brawner had a listed salary equal to or higher than Wright’s CNA wages and were desk/sedentary positions. In fact, one of the job opportunities presented to Wright had a starting annual salary of approximately $30,000. Thus, there is substantial evidence Wright is able to work and earn a salary equal to her CNA salary. |
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