Smith v. Tronox LLC, et al.
| Docket Number: | 2010-WC-01875-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2011 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Permanent partial disability - Temporary total disability Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, 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: 10-27-2010 Appealed from: Monroe County Circuit Court Judge: James L. Roberts Disposition: AFFIRMED WORKERS’ COMPENSATION COMMISSION’S DECISION TO AWARD PERMANENT PARTIAL DISABILITY BENEFITS AND REVERSED THE COMMISSION’S DECISION TO AWARD TEMPORARY TOTAL DISABILITY BENEFITS Case Number: CV2008-276-RM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Angela Westbrooks Smith |
LAWRENCE J. HAKIM, CHARLIE BAGLAN |
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| Appellee: | Tronox LLC f/k/a Kerr-McGee Chemical LLC and ACE American Insurance Company | H. BYRON CARTER 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 - Permanent partial disability - Temporary total disability |
| Summary of the Facts: | In 1989, Angela Smith began working for Tronox LLC, a chemical manufacturing facility that produces pigments for paint. Smith’s duties primarily involved monitoring gauges and machinery, emptying fifty-pound bags of sand into a machine approximately once every two hours, and turning various valve handles when necessary. According to Smith, her hands began to hurt sometime during 1999 or 2000. Smith claimed she reported her pain to Tronox, but Tronox’s records do not indicate Smith ever informed any of her employers she had trouble with her hands. Smith’s treatment for carpal tunnel syndrome originated from Dr. Walter Eckman’s treatment of her back during 2000. Dr. Eckman referred Smith to Dr. Laura Gray, a physiatrist, for further treatment of Smith’s back problems. Dr. Gray first saw Smith on December 7, 2000. Dr. Gray ordered a nerve-conduction study and eventually diagnosed Smith with bilateral carpal tunnel syndrome. Dr. Gray attempted to treat Smith’s carpal tunnel syndrome conservatively with medication and wrist splints. However, Dr. Gray released Smith to return to work with restrictions of “no repetitive flexion or extension of wrists.” Dr. Gray continued to release Smith to return to work after follow-up appointments in January, March, and April 2001. Dr. Gray’s treatments were interrupted when Smith had surgery to repair an unruptured brain aneurysm in May 2001. In August 2001, Smith returned to Dr. Gray for further treatment. Approximately one month later, Smith filed her petition to controvert. Smith claimed she was entitled to workers’ compensation benefits for her bilateral carpal tunnel syndrome. The administrative judge found Smith had sustained a work-related injury. The AJ concluded Smith had a 5% industrial loss of use regarding both of her arms. Accordingly, the AJ ordered Tronox to pay Smith permanent partial disability benefits of $303.35 per week for ten weeks for one arm and ten additional weeks for her other arm. Furthermore, the AJ found Smith was not entitled to temporary benefits because she would only be entitled to temporary benefits “for the time she had surgery.” Smith appealed the AJ’s decision to the full Commission. The Commission agreed with the AJ’s decision regarding permanent partial disability benefits. However, the Commission’s order indicates Smith should receive permanent partial disability benefits for ten weeks instead of twenty weeks. Additionally, the Commission disagreed with the AJ’s conclusion regarding temporary benefits. The Commission ordered Tronox to pay Smith temporary disability benefits from April 5, 2002, until October 27, 2003 – which was the date that the parties stipulated as the date Smith had reached maximum medical improvement. Tronox appealed the Commission’s decision to the circuit court, and Smith cross-appealed. The circuit court affirmed the Commission’s decision regarding permanent partial disability benefits. As for temporary disability benefits, the circuit court found the Commission’s decision was not supported by substantial evidence. Consequently, the circuit court reversed that portion of the Commission’s decision. Smith appeals. |
| Summary of Opinion Analysis: | Issue 1: Permanent partial disability Smith argues the Commission erred when it concluded she had a five percent disability to both arms. According to Smith, because her carpal tunnel syndrome prevented her from returning to her previous position, the Commission should have awarded her benefits for the total loss of use of both of her arms. The claimant bears the burden of proving that there was an accidental injury, arising out of and in the course of employment, and a causal connection between the injury and the death or claimed disability. Under section 71-3-3(i), disability means “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.” To demonstrate total disability, the claimant must show that she has made a diligent effort, but without success, to obtain other gainful employment. Smith never attempted to return to work at Tronox. As a result, Tronox never had an opportunity to accommodate Smith. Smith also argues there is no evidence that her minor cognitive difficulties associated with a repaired unruptured brain aneurysm prevent her from returning to work. Smith does not discuss her back and neck problems, nor does she discuss how they factor into whether she can return to work. In any event, Smith contends that her acceptance of part-time work as a school bus driver demonstrates she is willing to work. According to Smith, it also demonstrates that her other medical problems were not disabling. Even so, if her work as a school bus driver demonstrates her other medical problems were not disabling, it also demonstrates her carpal tunnel syndrome was not completely disabling. Additionally, Smith argues that her part-time work demonstrates the difficulty that she had finding work. But Smith specifically stated she did not look for other work. The Commission did not err when it assigned Smith a 5% impairment to each arm and awarded permanent partial disability benefits. Issue 2: Temporary total disability The Commission awarded Smith temporary total disability benefits from the date of Smith’s carpal tunnel release surgery to the stipulated date of Smith’s maximum medical improvement. Smith appeals the circuit court’s reversal of the Commission’s decision. As Tronox notes, there was no evidence presented that Smith was taken off work by any physician. Smith cites no authority that a claimant is entitled to temporary disability benefits for the entire period between the date of surgery and the date of maximum medical improvement. Additionally, Smith cites no authority that the date of maximum medical improvement is the equivalent of the first date one may return to work after sustaining an injury. Thus, there was no error. |
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