01-06422-H-4843. Tollison v. Lifestyle Furnishings.

• Case Date: March 14, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 01-06422-H-4843. Tollison v. Lifestyle Furnishings JUDY R. TOLLISON, , CLAIMANT vs. LIFESTYLE FURNISHINGS, EMPLOYER and AMERICAN HOME ASSURANCE COMPANY, CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 01-06422-H-4843Representing Claimant: Don O. Gleason, Esquire, Tupelo, MS Representing EMPRlover and Carrier: Lori J. Graham, Esquire, Ridgeland, MS FULL COMMISSIONER ORDER This matterwas heardbythe Commission February 7, 2005 pursuant to aPetition for Review by Full Commission which was filed by the Employer and Carrier. The Employer and Carrier question an Order ofthe Administrative Judge enters on August 12, 2004 which found the Claimant to be permanently and totally disabled, and awarded her benefits accordingly. We reverse and award permanent partial disability benefits for total loss of use of the left upper extremity. I It is agreed that Judy Tollison sustained a compensable injury to her left shoulder on April 2, 2001, and that her average weekly wage at the tune of this injury was $516.60. She ultimately reached maximum medical improvement on March 10, 2003 with a 50% medical impairment of her left upper extremity. The Employer/Carrier has paid Ms. Tollison temporary disability benefits totaling $48,543.88, and has paid permanent partial disability benefits for the 50% left arm impairment. The only issue to be determined is whether Ms. Tollison has a permanent disability greater than the aforementioned impairment. Ms. Tollison is a resident of Lee County, is approximately 41 years old, and graduated high school and completed one year of community college studies in pre-nursing. She is right hand dominant. Before working for the Employer, she worked about three years as a customer service representative for a jewelry and small appliance store in Tupelo. This was clerical work. She also worked in the manufacturing sector performing mostly assembly line type work. She began work for the Employer on a furniture assembly line. This work was repetitive in nature, and required constant use of both hands and arms. Following the injury to her left shoulder in April 2001, she underwent two surgeries and was later diagnosed with reflex sympathetic dystrophy (RSD). Her job restrictions included "no use of the left arm." In fact, her treating orthopedist, Dr. Stimpson, stated that:

Based upon myphysical evaluation and the history of Mrs. Tollison's problem my impression is that she has almost a completely

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