Simmons v. Preferred Labor Corp., 030420 MSWC, 1808236-R-0109

Case DateMarch 04, 2020
CourtMississippi
DEMICHAEL SIMMONS CLAIMANT
v.
PREFERRED LABOR CORP. dba ALLEGIANCE STAFFING EMPLOYER
AND
SUNZ INSURANCE COMPANY CARRIER
MWCC No. 1808236-R-0109
Mississippi Workers Compensation Decisions
Mississippi Workers Compensation Commission
March 4, 2020
          APPEARING FOR CLAIMANT: Lindsay Varnadoe, Esquire           APPEARING FOR EMPLOYER/CARRIER: Denise M. Ledet, Esquire          ORDER ON MOTION           DENEISE TURNER LOTT, ADMINISTRATIVE JUDGE.          This matter comes before the Commission on a telephonic hearing with all counsel on March 2, 2020, on Employer/Carrier's Motion to Dismiss for Failure to Comply with Discovery filed February 12,2020 and on Claimant's Response to Employer/Carrier's Motion to Dismiss for Failure to Comply with Discovery filed February 13, 2020.          I.          The following facts were gleaned from those documents in the Commission file which comprise the record per Mississippi Workers5 Compensation Commission Rule 2.10 and from the representations of counsel during the hearing:
1. Claimant is a 31 -year-old Jackson, Mississippi, resident. He sustained an admittedly compensable injury on August 27, 2018 when he became pinned by the forks of a hydraulic lift, thereby injuring his back and left ankle. At the time he was working as a laborer for Employer.
2. He was treated by Dr. Orhan Ilercil who referred him to Dr. Edwin Dodd for pain management and to Dr. Philip Blount for rehabilitation.
3. Dr. Blount saw Claimant two or three times in early 2019. He twice referred Claimant to physical therapy for reconditioning, to be followed by a Functional Capacity Evaluation. Employer/Carrier did not approve the physical therapy for reasons which the record does not reveal.
4. Dr. Blount ultimately released Claimant without physical therapy, finding he could return to full duty with "tolerance" as his only limiting factor. Dr. Blount also recommended Claimant meet with vocational rehabilitation for assistance assimilating back into the work force.
5. Claimant contends that he remains symptomatic and needs medical treatment. He filed a Petition to Controvert
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