00-14398-H-3552. Woods vs. Puckett Machinery Co.

• Case Date: April 20, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 00-14398-H-3552. Woods vs. Puckett Machinery Co BILLY F. WOODS CLAIMANT VS. PUCKETT MACHINERY CO. EMPLOYER AND LIBERTY MUTUAL INSURANCE COMPANY CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 00-14398-H-3552Representing Claimant: Peter L. Corson, Esquire, Jackson, MS Representing Employer and Carrier: W. Bienville Skipper, Esquire, Jackson, MS FULL COMMISSIONER ORDER This claim was heard by the Commission on March 7, 2005 pursuant to a Petition for Review filed by the Employer and Carrier. The Employer and Carrier argue that the Administrative Judge erred in awarding the Claimant permanent total disability benefits for injuries to his right knee and right shoulder which were suffered on October 24, 2000. I. The relevant facts are neither complicated nor extensive. Mr. Woods had a work related accident on October 24, 2000 which resulted in injury to his right knee and right shoulder. He reached maximum medical improvement for his right shoulder on July 24, 2001, and for his right knee on December 4, 2001. He was assigned a 14% medical impairment rating for his right shoulder, and a 22% impairment rating for his right knee. Insofar as physical restrictions are concerned, Mr. Woods is essentially limited to sedentary type work and/or light to medium labor. Dr. Field treated the right shoulder and advised Mr. Woods not to lift more than 48 pounds floor to waist, not to lift more than 34 pounds waist to eye level, not to carry more than 48 pounds with two hands or more than 46 pounds with one hand, and not to push more than 55 pounds or pull more than 43 pounds. Dr. O'Mara treated Mr. Woods' right knee injury, and he advised the Claimant to avoid climbing ladders, to avoid jobs or positions or situations which would require sudden movements, and to avoid significant amounts of kneeling, squatting, crawling or heavy lifting. Mr. Woods has developed post-traumatic arthritis in his right knee and continues to have knee pain. Dr. O'Mara considered it likely Mr. Woods will require a knee replacement in the future. Dr. Michael Dulske also evaluated the Claimant's knee. He agreed a knee replacement would likely be needed sometime in the future. He advised Mr. Woods to find sedentary work which required no more than intermittent periods of weight bearing activity, to avoid working at heights...