CAROLYN B. DAVIS CLAIMANT
v.
MURRAY ENVELOPE COMPANY EMPLOYER
AND
BITUMINOUS CASUALTY CORPORATION CARRIER
MWCC No. 85 07656-D-0058
Mississippi Workers Compensation Decisions
Mississippi Workers' Compensation Commission
March 19, 2019
ATTORNEY FOR CLAIMANT; Honorable Gary E. White, Attorney,
Gulfport, Mississippi
ATTORNEY FOR EMPLOYER AND CARRIER: Honorable John S.
Gonzalez, Attorney, Jackson, Mississippi
ORDER OF ADMINISTRATIVE JUDGE
DENEISE TURNER LOTT, ADMINISTRATIVE JUDGE.
On
April 17, 1986, claimant filed a Petition to Controvert
alleging she injured her right hand, wrist, arm and body as a
whole on October 3» 1984. Employer and carrier admitted
claimant sustained a twenty-eight percent (28%) permanent
partial impairment of the right hand because of the work
connected injury. An evidentiary hearing was held in
Hattiesburg, Mississippi, on January 27, 1987, and on May 8,
1987, Honorable Thomas A. Webb, Administrative Judge, entered
an order finding claimant had a 100% loss of use of her right
hand and awarding claimant temporary total disability
benefits at the rate of $126.00 per week from May 28, 1985 to
February 4, 1986, and permanent partial disability benefits
at the rate of $126.00 per week for 150 weeks beginning
February 4, 1986.
Claimant
appealed the Administrative Judge Order alleging she was
permanently totally disabled because of the October 3, 1984
injury. She later filed a motion to remand this cause to an
Administrative Judge for further proceedings, and on March 9,
1989, the Commission entered an order remanding this cause to
the Administrative Judge to determine (1) whether the results
of claimant's injury are limited to a scheduled member or
extend to the body as a whole; (2) the nature and extent of
claimant's permanent disability; and (3) any other
relevant issues.
On
September 19, 1989, a second evidentiary hearing was held in
Hattiesburg, Mississippi, and, upon the receipt of additional
evidence, the record was closed.
ISSUES
1.
Whether the results of claimants injury are limited to a
scheduled member or extend to the body as a whole;
2. The
extent of permanent disability attributable to the October 3,
1984 work connected injury.
EVALUATION
OF EVIDENCE
At the
evidentiary hearing on September 19, 1989, claimant testified
she is a 54 year old resident of Petal, Mississippi. She also
testified that, at the time of the first evidentiary hearing
on January 27, 1987, she was experiencing right hip pain and
soreness at the site where a bone graft was removed from...
