01-12133-H-6558. Thomas vs. HCM, Inc.

• Case Date: August 12, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 01-12133-H-6558. Thomas vs. HCM, Inc TONGELA L. THOMAS CLAIMANT VS. HCM, INC. EMPLOYER AND LEGION INSURANCE COMPANY (IN LIQUIDATION) CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 01-12133-H-6558Representing Claimant: John G. Jones, Esquire, Jackson, MS Representing Employer/Carrier: James M. Anderson, Esquire, Jackson, MS FULL COMMISSION ORDER This matter was heard by the Commission on May 16, 2005 pursuant to the Employer and Carrier's Petition for Review of Decision of Administrative Judge, as well as the Claimant's CrossPetition for Review. The Employer/Carrier contends the Order of Administrative Judge entered on December 8, 2004 erroneously concludes that the Claimant sustained a total loss f use of her right arm. The Claimant contends this same Order wrongly finds that her cervical injury is not compensable. I. The Claimant sustained an admittedly compensable injury in the form of right carpal tunnel syndrome. Her average weekly wage at the time of injury was $448.00, and she admittedly reached maximum medical improvement as to the carpal tunnel syndrome on January 30, 2004. A. Cervical Injury We have reviewed the record of evidence, and considered the applicable law along with the arguments of the parties. The Judge found that Claimant failed to prove by a preponderance of credible evidence that her cervical injury was caused by, contributed to, or aggravated by her employment. Despite the Claimant's well pled argument to the contrary, we agree with, and therefore affirm, the Judge's conclusion that Ms. Thomas failed to prove by sufficient evidence that her cervical injury is work connected. B. Right Carpal Tunnel Syndrome As noted above, the compensability of Ms. Thomas's right carpal tunnel syndrome is not disputed. The only issue concerns the extent of permanent disability attributable to this injury. As a result of this injury, Ms. Thomas underwent surgery and was assigned a permanent functional impairment of 10% by one of her treating physicians, while another rated her functional impairment at zero. Her restrictions included no typing [or similar repetitive activity] for more than two to three hours per day. The Judge concluded that Ms. Thomas has sustained a 100% loss of use of her right upper extremity for wage earning purposes, and awarded benefits...