01-03290-H-3755. Wigginton vs. Tidwell and Associates Construction Co.

• Case Date: February 09, 2006
• Court: Mississippi

Mississippi Worker Compensation 2006. 01-03290-H-3755. Wigginton vs. Tidwell and Associates Construction Co THOMAS E. WIGGINTON CLAIMANT VS. TIDWELL and ASSOCIATES CONSTRUCTION CO. EMPLOYER AND AMERISURE MUTUAL INSURANCE COMPANY CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. OI-03290-H-3755Representing Claimant: Greg Beard, Esquire, Booneville, MS Representing Employer and Carrier: David B. McLaurin, Esquire, Jackson, MS FULL COMMISSION ORDER This claim was heard by the Commission on September 12, 2005 pursuant to the Claimant's Petition for Review. The Claimant seeks review of Opinion of the Administrative Judge dated March 22, 2005 which denied his claim for additional temporary disability benefits, and for permanent disability benefits. The Claimant argues that the Administrative Judge erred by failing to award him permanent total disability benefits. I. Thomas Wigginton sustained a compensable injury to his back and collarbone on March 25, 2001 when a ditch in which he was laying pipe caved in and entrapped him. At the time of this injury, he earned an average weekly wage of $280.13. Dr. Mitchell Massey released the Claimant at maximum medical improvement concerning his left shoulder as of February 19, 2002, and concerning his right shoulder as of January 29, 2004. Dr. Massey assigned the Claimant a 2% functional impairment for the left shoulder, but no impairment for the right shoulder. He released the Claimant on both counts to return to work without any physical restrictions. In fact, Dr. Massey never prohibited the Claimant from working while he treated the right shoulder. Mr. Wigginton was treated by Dr. Louis Rosa initially for his back injury, and underwent surgery to treat a compression fracture. Dr. Rosa installed rods, performed a laminectomy and fusion. Mr. Wigginton elected to receive post-surgical care from Dr. Samuel Murrell, who first saw the Claimant on July 16, 2001. On August 22, 2002, Dr. Murrell operated on Mr. Wigginton to remove the hardware originally put in place by Dr. Rosa due to complications being experienced by the Claimant. Dr. Murrell eventually released the Claimant at maximum medical improvement on February 10, 2003 with a 20% impairment and no work restrictions. Dr. Rosa saw the Claimant once more on March 27, 2003, at which time he rated the Claimant's...