0711744-J-8902. BOBBY BROWN CLAIMANT VS. EATON CORPORATION.

• Court: Mississippi

Mississippi Workers Compensation Decisions 2012. 0711744-J-8902. BOBBY BROWN CLAIMANT VS. EATON CORPORATION BOBBY BROWN CLAIMANT VS. EATON CORPORATION EMPLOYER AND OLD REPUBLIC INSURANCE CO. CARRIERMISSISSIPPI WORKERS' COMPENSATION COMMISSIONMWCC NO.: 0711744-J-8902Representing Claimant: Roger Doolittle, Esquire, Jackson, Mississippi Representing Employer/Carrier: M. Reed Martz, Esquire, Oxford, Mississippi FULL COMMISSION ORDER This matter was heard by the Commission on March 5, 2012 pursuant to the Employer/Carrier's Petition for Review. In an Order issued on October 12, 2011, the Administrative Judge found that the Claimant is entitled to permanent total disability benefits as a result of his April 10, 2007 work-related accident where he sustained admitted injuries to his left shoulder and neck. Further, the Administrative Judge granted the Claimant's Motion to Strike, for Sanctions, and for Attorney's Fees and ordered the Employer/Carrier to pay one thousand dollars ($1,000.00) for Claimant's attorney's fees and expenses pursuant to Miss. Code Ann. Section 71-3-59. The Administrative Judge instructed that to the extent the $1,000.00 exceeded attorney's fees and expenses, the excess should be paid to the Commission as a civil penalty. For the reasons stated below, the Commission hereby (1) affirms the Administrative Judge's award of permanent total disability benefits with the following amendment and (2) reverses the Administrative Judge's award of attorney's fees and expenses and/or civil penalty. I. The evidence supporting the finding of permanent total disability was well-summarized by the Administrative Judge, and we incorporate by reference that summary herein. In affirming the Administrative Judge's finding on that issue, the Commission briefly addresses an argument made by the Employer/Carrier's attorney on appeal and amends the Order of Administrative Judge accordingly. Specifically, the Employer/Carrier argue that the Claimant's recovery of permanent disability benefits should be limited to that of permanent partial disability benefits for his scheduled member injury because "he produced no medical evidence of permanent impairment or permanent work restrictions relative to his cervical injury." The Order of Administrative Judge stated that "the combination of his left shoulder (a schedule[d] member) and his cervical (body as a whole) injuries have caused Brown to have a loss of wage-earning capacity. Based upon the evidence as a whole, including but not limited to Brown's age, education, work history, physical injury, continuing symptoms, inability to return to work with the Employer, and inability to find work elsewhere; the medical evidence; and the lay testimony, I find that Brown has suffered a 100% loss of wage-earning capacity and is permanently, totally disabled." The Commission amends the Order of Administrative Judge to clarify that a finding of permanent total...