01-04603-H-3384. Sims vs. Ashley Furniture Industries, Inc.

• Case Date: July 28, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 01-04603-H-3384. Sims vs. Ashley Furniture Industries, Inc KENNY SIMS CLAIMANT VS. ASHLEY FURNITURE INDUSTRIES, INC. EMPLOYER AND EMPLOYERS INSURANCE OF WAUSAU CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 01-04603-H-3384 02-01255-H-3385Representing Claimant: Michael B. McHenry, Esquire, Tupelo, MS Representing Employer/Carrier: Robert F. Stacy, Esquire, Oxford, MS Christine B. Tatum, Esquire, Oxford, MS FULL COMMISSION ORDER This matter was heard by the Commission on May 9, 2005 pursuant to a Petition for Review filed by the Employer/Carrier. This Petition for Review was prompted by an Order on Claimant's Motion to Reinstate which was entered by the Administrative Judge on September 16, 2004. This Orderpermztted the Claimant to reopen these claims which were previously settled under Miss. Code Ann. §71-3-29 (Rev. 2000). We reverse. I. Kenny Sims sustained injuries to his right and left arms in 2001 while working for the Employer. He underwent carpal tunnel surgery on both arms, and was assigned a 20% impairment as to the right arm, but no impairment was assigned to the left. Insofar as his right arm is concerned, Sims was advised to avoid repetitive activity, and lifting, pulling, pushing or grasping more than ten pounds. Insofar is his left arm is concerned, Sims was deemed capable ofperforming light work for eight hours per day. Upon being released in October 2001, Sims returned to work with the Employer as a line supplier, but was unable to perform this job. He then moved to a light duty job which included sweeping floors. After a while, this too irritated his hands and he was taken off work for a period of time. He again returned work supplying lines and sweeping, and in February 2002, was moved to the sewing department on a part time basis. There, Sims' work consisted of turning pillows. In October 2002, Sims, along with his Employer and the Carrier, entered into an agreement to compromise and settle his workers' compensation claims. At the time, Mr. Sims was represented by counsel. Under the terms of the proposed settlement agreement, the Employer and Carrier agreed to pay Sims the total sum of Fifty Eight Thousand Dollars ($58,000.00) to compromise and settle his left and right arm claims. As is typical in such cases, the parties acknowledged that the extent of disability suffered by Sims was in dispute, but Sims claimed that his injuries were disabling and would affect "his ability to work for the rest of his life." On October 22, 2002, the Commission entered an Order Granting Application for Compromise Settlement. At the time the settlement was approved, Sims was still working for the Employer. He was being paid $7.65 per hour, but due to limitations, was only able to work four (4) hours per day. On November 10, 2002, Sims was terminated by the Employer, and it is this fact to which Sims points as a sufficient basis to justify the reopening his previously settled claim. See Miss. Code Ann. §713-53 (Rev. 2000). II. In moving to reopen his previously settled claim, Sims alleges that a misGdke in determination of fact has occurred, and that a change in his economic or occupational condition has...