02-11054-H-9238. Street v. Mississippi State Veterans Home.

• Case Date: January 19, 2006
• Court: Mississippi

Mississippi Worker Compensation 2006. 02-11054-H-9238. Street v. Mississippi State Veterans Home MARTHA STREET CLAIMANT VS. MISSISSIPPI STATE VETERANS HOME EMPLOYER AND MISSISSIPPI STATE AGENCIES WORKERS' COMP. TRUST CARRIER MISSISSIPPI WORKERS` COMPENSATION COMMISSION MWCC NO. 02-11054-H-9238Representing Claimant: Keith S. Carlton, Esquire, Corinth, MS Representing Employer and Carrier: Robert L. Grant, Esquire, Ridgeland, MS FULL COMMISSION ORDER The above styled claim was heard by the Commission on December 19, 2005 pursuant to the Employer's and Carrier's Petition for Review of Decision of Administrative Judge. The Employer and Carrier argue that the Administrative Judge erred in finding the Claimant is entitled to permanent total disability benefits as the result of an admittedly compensable injury to her right leg. We agree, and reverse. I. The Claimant suffered an admittedly compensable injury to her right leg on August 21, 2002 when she slipped and twisted her right knee. At the time, she earned an average of $690.00 per week. She eventually underwent surgery to her right knee, and reached maximum medical improvement on March 19, 2003 with a 14% functional impairment of her right leg. The Employer/Carrier has paid all temporary disability benefits due, and has paid the Claimant permanent partial disability benefits for a 20% loss of use of her right leg. The only issue that merits any discussion is whether and to what extent Ms. Street is entitled to any additional permanent disability benefits. The Claimant is permanently restricted to sedentary employment. She worked as an Registered Nurse Supervisor for the Employer at the time of her injury, and because of her injury and restrictions, she can no longer perform the substantial acts of that job. Ms. Street is approximately 66 years old, and she completed the educational requirements to become a Registered Nurse in 1981. She obtained a Licensed Practical Nurse certificate from Northeast Mississippi Junior College in 1973. Before becoming a Licensed Practical Nurse, she performed mostly manual labor and assembly line work. Thereafter, she worked in various hospitals, and after becoming a Registered Nurse, she continued working in hospitals, and also in nursing homes in Tennessee and Louisiana. She also has worked as a private duty nurse. The Employer accommodated...