03-07364-H-8735. McGregor v. Baptist Memorial Hospital.

Case DateNovember 10, 2005
CourtMississippi
Mississippi Worker Compensation 2005. 03-07364-H-8735. McGregor v. Baptist Memorial Hospital TERRI MCGREGOR CLAIMANT vs. BAPTIST MEMORIAL HOSPITAL EMPLOYER SELF-INSURED MISSISSIPPI WORKERS' COMPENSATION COMMCSSION MWCC NO. 03 07364-H-8735Representing the claimant: Stephen L. Henning, Attorney at Law Batesville, Mississippi Representing the employer: Marjorie T. O'Donnell, Attorney at Law Oxford, Mississippi FULL COMMISSION ORDER The above captioned cause came on to be heard before the Mississippi Workers' Compensation Commission at its offices in the city of Jackson, Mississippi, on the 31' day of October, 2005 on the "Petition for Review" filed by the employer and the claimant's cross-petition. After considering the record in full, the arguments and briefs offered by the parties, and the applicable law, we affirm the decision of the Administrative Judge on the issue of compensability, but amend other aspects of her order dated October 5, 2004. I. Findings of Fact The Administrative Judge made an adequate and accurate recitation ofthe major facts in this cause. We adopt the Administrative Judge's review ofthe evidence (lay, documentary and medical) as our Findings of Fact. II. Compensability We agree with the Administrative Judge that the claimant met the burden of proving that she sustained a work-related injury on June 7, 2003. Moreover, we agree with the Administrative Judge that this injury was not a result of, in whole oz part, a prior cervical injury that the claimant sustained. II. Indemnity We diverge from the decision of the Administrative Judge on the issue of indemnity. While we believe that the proof supports an award of temporary total disability from Tune 17, 2003 through April S, 2004, at a rate of $331.05 and affirm that portion of our judge's decision, we do not believe that her award of permanent partial disability is appropriate under the facts of this case. We are satisfied that the claimant, while precluded from her pre-injury position as LPN-E, can earn up to $13.00 per hour. We also find no evidence to support the conclusion reached by the Administrative Judge that the claimant could not work an 8-hour day. Thus, we reduce the Administrative Judge's award of permanent partial indemnity from $285.13 per week to $100.00 per week. We find that the appropriate permanent indemnity payment in this case...

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