Smith v. Grand Casino-Biloxi, et al.
| Docket Number: | 2002-WC-01017-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Work-related injury Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-24-2002 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: CIRCUIT COURT AFFIRMED THE DECISION OF THE FULL COMMISSION DENYING WORKERS' COMPENSATION BENEFITS. Case Number: A2402-2001-116 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rosie Smith |
ROBERT E. O'DELL |
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| Appellee: | Grand Casino-Biloxi and The Insurance Company of the State of Pennsylvania | MARGARET E. MURDOCK |
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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 - Work-related injury |
| Summary of the Facts: | While working for Grand Casino as a lobby attendant, Rosie Smith bent over to wind up the cord of carpet cleaning machine, and, as she straightened up, felt pain in her right hip and leg. Smith returned to work at Grand Casino but contended that she could not properly perform her duties because of continuing pain, and she finally left that employment. Smith sought permanent partial disability benefits on the assertion that the residual effects of her injury had resulted in a permanent loss of wage-earning capacity. The Mississippi Workers' Compensation Commission awarded Smith temporary total disability benefits but concluded that Smith had failed to carry her burden to demonstrate a permanent occupational disability or permanent loss of wage-earning capacity arising from a work-related injury. Smith appealed to circuit court which affirmed. Smith appeals. |
| Summary of Opinion Analysis: | The burden lies with the claimant to affirmatively show that she has suffered a loss of wage-earning capacity as the result of a work-related injury. None of the treating physicians who provided evidence at the hearing on this claim were willing to draw a connection between Smith’s initial injury and the ensuing medical symptoms which she claims render her unable to continue her employment. Therefore, there is substantial evidence to support the Commission’s finding that there was no objective medical evidence connecting Smith’s continuing complaints to the incident at work. |
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