96-14895-G-3354-C. Wagner v. Hancock Medical Center.

• Case Date: May 12, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 96-14895-G-3354-C. Wagner v. Hancock Medical Center MYRNA KAY WAGNER CLAIMANT V. HANCOCK MEDICAL CENTER EMPLOYER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 96 14895-G-3354-CAPPEARING FOR THE CLAIMANT: John F. Hester, Esquire, Gulfport, Mississippi APPEARING FOR THE EMPLOYER AND CARRIER: Ronald T. Russell, Esquire, Gulfport, Mississippi ORDER OF ADMINISTRATIVE JUDGE REOPENING CLAIM On July 20, 1998, the claimant, Myrna Kay Wagner, filed a petition to controvert alleging that on September 29, 1996, she received a work-related injury to her neck, left shoulder, ribs and back. The employer admitted the compensability of the injury, provided medical services and supplies, including payment for a cervical fusion by Dr. Richard Buckley, and paid temporary disability benefits. A dispute arose, however, regarding the extent of disability resulting from the work injury, and a hearing was held before Administrative Judge Deneise Turner Lott. By order dated September 10, 1999, Judge Lott found that Ms. Wagner was temporarily totally disabled from September 29,1996, until March 1,1998, and that because of the work injury she suffered a permanent partial disability entitling her to $63.90 per week for 450 weeks beginning March 20, 1998. Judge Lott also found that Ms. Wagner was entitled to all medical services and supplies required by the nature of her work injury and the process of her recovery therefrom as provided by Mississippi Code Section 71-3-15 and the Commission's Medical Fee Schedule. The employer/carrier petitioned the Commission for review of the Administrative Judge's order, contending specifically, "The Administrative Judge erred in awarding compensation and in directing that payment be made under the Mississippi Workers' Compensation Act." The claimant cross-petitioned for review of the Administrative Judge's order, stating, "The Administrative Judge erred in failing to find that the Claimant has sustained a 100% loss of wage-earning capacity attributable to the work-connected injury on September 29, 1996." On August 7, 2000, the Commission heard the matter on review. The Commission issued an order on August 28, 2000, finding that:

In the end, we agree with, and therefore adopt, all the Administrative Judge's findings and conclusions as they pertain to Ms. Wagner's entitlement to temporary disability benefits, penalties, and medical benefits. We find, however, that Ms. Wagner has failed to prove any loss of wage earning capacity and is, therefore, not entitled to any permanent disability benefits.

The claimant appealed the...