99-14437-H-1470. Wingo v. Tyson Foods.

• Case Date: February 07, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 99-14437-H-1470. Wingo v. Tyson Foods DESSIE R WINGO, CLAIMANT vs. TYSON FOODS F/K/A CHOCTAW MAID FARMS, EMPLOYER (SELF-INSURED) MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 99-14437-H-1470Representing Claimant: Michael M. Williams, Esquire, Jackson, MS Representing Employer: Amy Lee Topik, Esquire, Jackson, MS FULL COMMISSION ORDER This matter was heard by the Commission on January 31, 2005 pursuant to a Petition for Review of Decision of Administrative Judge filed by the Employer. The Employer takes issue with the Administrative Judge's decision to award the Claimant permanent partial disability benefits for the 100% loss of use of her left foot. I. Dessie Wingo sustained an admittedly compensable injury to her left foot on February 17, 1999 while working for the Employer. In due course, the Claimant underwent surgery on her left foot which provided only moderate pain relief. She was offered, but refused, a second surgery, and was ultimately released to return to work with a 7% medical impairment of the foot, and restrictions against prolonged standing or walking. Prior to her injury, and before going to work for the Employer, she worked as a school janitor, and a seamstress. She began work for the Employer in the "cut-up" department. This job required constant standing and walling during an 8 hour shift. After about six months, she moved to a position in the shipping department which required that she count chickens and place a ticket on pallets showing the amount of product on the pallet. From there she was promoted to "lead person" in the shipping department, and it was while working as lead person that she was injured. It is agreed that Ms. Wingo is no longer able to perform any of her prior jobs with the Employer because of the restrictions she has against prolonged standing or walking. The Employer was, however, able to put Ms. Wingo back to work as a billing clerk in November 1999. This job satisfies her physical restrictions, and Ms. Wingo earns more money as a billing clerk than she did at the time of her injury. The Claimant still holds this job, but she claims that she continues to have constant pain in her foot and...