01-12166-H-5538. Martinez v. Swift Transportation.

• Case Date: December 21, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 01-12166-H-5538. Martinez v. Swift Transportation CALIXTO MARTINEZ CLAIMANT VS. SWIFT TRANSPORTATION EMPLOYER AND THE INSURANCE COMPANY OF THE STATE OF PA. CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 01-12166-H-5538Representing Claimant: John Hunter Stevens, Esquire, Jackson, MS Representing- Employer and Carrier: L. Pepper Cossar, Esquire, Jackson, MS FULL COMMISSION ORDER The above styled claim was heard by the Commission on August 1, 2005 pursuant to the Employer's and Carrier's Petition for Review. The Employer and Carrier argue that the Administrative Judge erred in awarding the Claimant permanent partial disability benefits based on the conclusion that Claimant's post injury wage earning capacity has been reduced to minimum wage. We agree. I. Mr. Martinez suffered an admittedly compensable injury to his chest and ribs, and to his right shoulder on April 12, 2001 as the result of a single motor vehicle accident. At the time, the Claimant was working as a long haul truck driver. The parties have agreed that his average weekly wage at the time of injury was $584.74. The parties have agreed further that he reached maximum medical improvement for the shoulder injury on September 19, 2002, and for the other whole body injury on September 16, 2002. The Claimant was initially seenbyDr. Jose Ferrer, an orthopedic surgeon, on April 27, 2001. He diagnosed rib fracture and right shoulder sprain. Dr. Ferrer released the Claimant to work three days later with no impairment or restriction. He felt the injuries would heal on their own. The Claimant also came under the care of Dr. Felix Savoie for the shoulder injury- Dr. Savoie performed an acromiplasty and rotator cuff repair surgery in February 2002. He determined the Claimant was at maximum medical improvement on September 19, 2002, and sustained a 14% functional loss of use of the right upper extremity. Dr. Savoie did not assign any permanent work restrictions or limitations. The Claimant returned to see Dr. Ferrer on September 9, 2002 for complaints of pain in the sternum. He had not seen Dr. Ferrer since April 2001. Dr. Ferrer did not find anything significant, and treated the Claimant with medication. One week later, on September 16, 2002, the Claimant reported relief, and was given another injection which provided immediate...