02-11987-H-7198. Nelson v. North Miss. Medical Center.

• Case Date: March 21, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 02-11987-H-7198. Nelson v. North Miss. Medical Center ELAINE NELSON, CLAIMANT v. NORTH MISSISSIPPI MEDICAL CENTER, EMPLOYER (SELF-INSURED) MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 02-11987-H-7198Representing Claimant: Roger K. Doolittle, Esquire, Jackson, MS Representing Employer and Carrier: William G. Armistead, Esquire, Jackson, MS FULL COMMISSIONER ORDER This matter is before the Commission pursuant to the Claimant's Petition for Review and the Employer's Cross-Petition for a Full Commission Review. Both parties take issue with an Opinion of the Administrative Judge entered on September 14, 2004 which awarded the Claimant benefits for a 60% loss of use of the left leg. I. It is agreed that Ms. Nelson sustained a compensable injury to her left leg on May 11, 2002; that her average weekly wage at the time was $363.70; that she reached maximum medical improvement on April 23, 2003; that all temporary disability benefits have been paid; that she was assigned a 37% lower extremity impairment by her treating physician; and, that the Employer has paid permanent disability benefits based on the aforementioned medical impairment. The onlyissue is whether Ms. Nelson has any permanent disability in excess ofthe 37% medical impairment rating. Ms. Nelson has only a high school education, and has worked for the Employer since 1991. She started out in housekeeping with the Employer, cleaning baths, changing sheets and sanitizing beds. Before that, she worked eight years in the distribution department of a newspaper. Both of these jobs required constant standing, according to Ms. Nelson. She also has prior experience as a sewing machine operator, presser, inspector and seamstress. From housekeeping, Ms. Nelson moved into the radiology department as an attendant, transporting patients via wheelchair to and from radiology. This job, too, required constant standing. It was while performing this job that Ms. Nelson sustained the current injury to her left lower extremity. Dr. Andrew Murphy treated Ms. Nelson. He stated that she has very limited ability to invert, or turn her ankle inward. She wears a brace which is itselfpainful, and she has a loss of function and motion throughout the entire left ankle joint. Dr. Murphy stated that Ms. Nelson should stand or walk no more than...