03-07364-H-8735. McGregor v. Baptist Memorial Hospital.
Case Date | November 10, 2005 |
Court | Mississippi |
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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