03-08267-H-7699. Lankford vs. Rent-A-Center.

• Case Date: September 26, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 03-08267-H-7699. Lankford vs. Rent-A-Center NOLAN DENNIS LANKFORD CLAIMANT VS. RENT-A-CENTER EMPLOYER AND UNITED STATES FIDELITY and GUARANTY CO. CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 03-08267-H-7699Representing Claimant: David Walker, Esquire, Batesville, MS Representing Employer and Carrier: H. Byron Carter, III, Esquire, Jackson, MS FULL COMMISSION ORDER The above styled claim was heard by the Commission on September 12, 2005 pursuant to the Employer's and Carrier's Petition for Review. The Employer and Carrier argue that the Administrative Judge's award of temporary disability benefits to the Claimant was excessive, and this is the only issue that merits any discussion. 1. The Claimant sustained an admitted injury to his left arm on June 13, 2003 and continued working and earning his full, pre-injury pay until July 18, 2003 when he was terminated for what the Employer deemed misconduct. Apparently, the Claimant and his supervisor exchanged words, and this led to his termination. On September 17, 2003 the Claimant underwent surgery to his left arm and was disabled from work until November 4, 2003, at which time he was allowed to return to work on restricted duty. From the time he was terminated, until he underwent surgery, the Claimant admittedly was able to continue working for Rent-A-Center, but for the fact he was terminated. By his own admission, the Claimant was not disabled from his injury until September 17, 2003, and there is no proof to the contrary. In fact, he testified to having worked for two weeks in August 2003 with a company called Brayman Professionals. The Claimant also admitted that, but for his termination, he could have returned to work...