01-14384-H-2878. Moffett v. Howard Industries, Inc.

Case DateJanuary 10, 2006
CourtMississippi
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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