02-08890-H-6923. Shields v. Mississippi Dept. of Corrections.
Case Date | December 16, 2005 |
Court | Mississippi |
Mississippi Worker Compensation
2005.
02-08890-H-6923.
Shields v. Mississippi Dept. of Corrections
LEON SHIELDS CLAIMANT VS. MISSISSIPPI DEPT. OF CORRECTIONS
EMPLOYER AND MISS. STATE AGENCIES WORKERS' COMPENSATION TRUST CARRIER
MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 02-08890-H-6923Representing Claimant: Lance L.
Stevens, Esquire, Jackson, MS Representing Employer and Carrier:
Cassandra Walters, Esquire, Ridgeland, MS
FULL COMMISSION ORDER
The above styled claim was heard by the Commission on September
26, 2005 pursuant to the Claimant's Notice of Appeal to Full Commission. The
Claimant argues that the Administrative Judge erred in awarding benefits only
for a 25% loss of use of his injured right arm. We agree, and amend the award
accordingly.
I.
The essential facts are either stipulated, or uncontested- Leon
Shields, approximately 49 years old, works as a correctional officer for the
Employer. He has worked in. this capacity since 1994. Prior to this job, he
worked seventeen years in the printing business, and also has approximately
twenty years of service with the National Guard. He has a GED, and a junior
college degree in business administration.
On August 19, 2001, while trying to subdue an inmate, Mr. Shield
injured his right arm. The diagnosis was torn rotator cuff, and surgery was
performed by Dr. Felix Savoie on October 12, 2001. Mr. Shields reached maximum
medical improvement on May 24, 2004, and was released to return to work with a
14% medical impairment rating assigned by Dr. Savoie, and work restrictions
which prohibit any repetitive overhead work. At the time of this injury, Mr.
Shields earned an average of $536.21 per week.
Mr. Shields has since returned to work as a correctional officer
for the Employer. The Employer has paid for all necessary medical services and
supplies. The Employer has also paid all temporary disability benefits due the
Claimant, along with permanent partial disability benefits for the 14%
impairment rating assigned by Dr. Savoie.
The Administrative Judge concluded that Mr. Shields' injury has
resulted in a 25% loss of industrial use of his right upper extremity. The
Judge's analysis followed along the path charted in Meridian Prof'l
Baseball Club v. Jensen, 828 So.2d 740 (Miss. 2002), and its
progeny. In this regard, it is significant that, because of this injury, the
Claimant...
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