01-14384-H-2878. Moffett v. Howard Industries, Inc.
Case Date | January 10, 2006 |
Court | Mississippi |
Mississippi Worker Compensation
2006.
01-14384-H-2878.
Moffett v. Howard Industries, Inc
JAMES MOFFETT CLAIMANT VERSUS HOWARD INDUSTRIES, INC. EMPLOYER
SELF-INSURED
MISSISSIPPI WORKERS' COMPENSAT1ON COMMISSION
MWCC NO. 01
14384-H-2878Appearing
for the claimant: Len Melvin, Attorney at Law, Hattiesburg, Mississippi
Appearing for the Employer, self-insured: Douglas S. Boone,
Attorney at Law, Laurel, Mississippi
FULL
COMMISSION ORDER
The above captioned cause came on to be heard on the 21st day of
November, 2005 in Hearing Room C of the Mississippi Workers' Compensation
Commission, Jackson, Mississippi, on the appeal of the employer and carrier,
and cross-appeal of the claimant. After having reviewed the record on appeal,
the matters submitted on brief, having considered the arguments of counsel and
the applicable law, the Commission amends the "Order of Administrative judge"
dated March 30, 2005, and renders.
In analyzing the facts of this
case, we find that the evidence in this case supports the following
conclusions:
I. When a medical procedure is not found to be the
reasonable and necessary result of a workers' compensation injury, the claimant
should not be enti tled to temporary total disability benefits following that
procedure. Thu s, we find that the Administrative Judge erred in awarding
temporary tota l disability benefits to be paid from the period of January 23,
2003 unti l January 24, 2004.
2. We do not find there to be ample
evidence in the record to support the aw ard of permanent partial disability
benefits in this case. Thus, we find that the Administrative judge erred in
awarding permanent partial disabil ity benefits.
We find see no
need to elaborate on the findings which supported the Administrative judge's
decision that the surgery by Dr. Molleston was neither reasonable nor
necessary. She has set forth the evidence on which she relied ably, and we
concur with her conclusions. We differ, however, in our opinion that the
claimant should be entitled to temporary benefits following that surgery. When
the surgery is not medically reasonable or necessary as a result of the work
injury, the employer is not responsible for providing same. Nor should the
employer be responsible for providing benefits during the recovery period.
Thus, we reverse the Administrative judges award of temporary total...
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