99-08886-H-3942. Smith vs. Duo-Fast Corporation.

Case DateSeptember 09, 2005
CourtMississippi
Mississippi Worker Compensation 2005. 99-08886-H-3942. Smith vs. Duo-Fast Corporation JUDY SMITH CLAIMANT VS. DUO-FAST CORPORATION EMPLOYER AND ATLANTIC MUTUAL INSURANCE CO. CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 99-08886-H-3942Representing Claimant: Al Chadick, Esquire, Kosciusko, MS Representing Employer and Carrier: William S. Adams, Jr., Esquire, Cleveland, MS FULL COMMISSION ORDER The above styled claim was heard by the Commission on August 22, 2005 pursuant to the Employer's and Carrier's Petition for Review. The Employer and Carrier argue that the Administrative Judge erred in awarding the Claimant permanent partial disability benefits representing a 100% loss of use of her left arm, and a 50% loss of use of her right arm. We agree, and reverse. 1. It is admitted that Judy Smith received an electrical shock injury to both arms during the course of scope of her employment with Duo Fast on June 15, 1999. At the time, she earned an average of $422.20 per week. There is also no credible dispute that she was temporarily and totally disabled from June 15, 1999 through December 5, 2001. The Employer/Carrier has paid all but approximately two weeks of the benefits due for this period. The only question that draws our attention concerns the extent of permanent disability attributable to this injury. The Claimant was treated by a number of different physicians, but the Administrative Judge relied largely on the opinions of Dr. Lindley, an orthopedic surgeon who first saw the Claimant on August 24, 2000. She diagnosed right carpal tunnel syndrome, and hypersensitivity and decreased range of motion in the left hand due to previous electrical shock. Dr. Lindley treated the Claimant through February 1, 2001, and did not see her again until July 16, 2003 for a final evaluation of her work capacity. Dr. Lindley assigned a permanent impairment rating of 4.5% to the left upper extremity, and no impairment to the right upper extremity. Dr. Lindley did not think Claimant could return to her work at Duo-Fast as a machine operator, and gave the following restrictions:
. . . no repetitive digital flexion or extension or wrist flexion or extension, no cold environment meaning less than 65 degrees Fahrenheit, no use of vibratory or air tools, no lifting, pulling or pushing or twisting greater than 10 lbs with the
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