02-01966-H-5926-C. Osby v, Sanderson Farms Foods.

• Court: Mississippi

Mississippi Worker Compensation 2005. 02-01966-H-5926-C. Osby v, Sanderson Farms Foods MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 02 01966-H-5926-CCHARLIE OSBY, JR., CLAIMANT v. SANDERSON FARMS FOODS, EMPLOYER, SELF-INSUREDAppearing for the claimant: Floyd E. Doolittle, Attorney at Law, Jackson, Mississippi Appearing for the Employer, self-insured: Ryan J. Mitchell, Attorney at Law, Laurel, MississippiFULL COMMISSION ORDER The above captioned cause came on to be heard on the 16 day of July, 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 9, 2005, and renders. We find that the Administrative Judge made two errors. The first could be considered a scrivener's error. While the parties stipulated that the claimant's average weekly wage at the time of injury was $247.29, the Administrative Judge awarded temporary total indemnity benefits in that amount. Finding this to be error, we amend her order to reflect that the amount of weekly temporary total indemnity benefit payment should be $164.94. The second error is an error in fact; we, as the ultimate finder of facts, amend the date of maximum medical improvement (hereinafter "MMI") found by the Administrative judge from December 10, 2003 to January 1, 2003. We amend the MMI date for the following reasons: Dr. Robert Smith, the claimant's primary treating...