96-15262-60029. Wilson vs. Sanderson Plumbing.

• Case Date: August 19, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 96-15262-60029. Wilson vs. Sanderson Plumbing GLORIA WILSON CLAIMANT vs. SANDERSON PLUMBING EMPLOYER (SELF INSURED) MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 96-15262-60029Representing Claimant: John G. Jones, Esquire, Jackson, MS Representing Employer: Ronald L. Roberts, Esquire, Jackson, MS FULL COMMISSION ORDER This matter was heard by the Commission on August 1, 2005 pursuant to the Claimant's Petition for Review and Notice of Appeal. The Claimant takes issue with an Opinion of the Administrative Judge dated February 7, 2005 which awarded her temporary and permanent disability benefits for an injury to her arm, and ordered the Employer to pay certain medical expenses arising from the treatment she received. We write to address the award of permanent disability benefits. All else ordered by the Judge is hereby affirmed. I. The Claimant sustained an admittedly compensable injury to her right arm while working for the Employer on September 30, 1996. At the time, the Claimant earned an average of $252.00 per week. The Claimant treated with various doctors and reached maximum medical improvement on March 30, 2000. She underwent two surgeries and was assigned a 13% functional impairment and cleared to return to work with a restrictions against overhead work. At the time of injury, the Claimant was working in the hinge room for Employer as an inspector. She was required to inspect toilet seats to make sure the seats were properly assembled and painted. Overhead lifting was involved, and arguably, therefore, she could not return to this type of employment. Prior to this job, she worked in the fast food business as a cook and deli manager, in retail as a cashier, and at Baptist Hospital as a cook and cashier. She is approximately 46 years old, and a high school graduate. Despite having reached maximum medical improvement from this injury in March 2000, the Claimant contends she continued to have right arm problems for which she sought treatment on her own. She also has unrelated medical conditions for which she received medical attention well after March 2000. For these reasons, the Claimant declined three separate offers of re-employment from Sanderson which were time limited, and were made in January and March 2001, although there is a legitimate question as to whether these...