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Barber Seafood8/4/2005
eading us to conclude that counsel were probably somewhat surprised at the finding.
. We hold that the issue of whether the L4-5 injury is related to Smith's work-related accident will ripen for adjudication only if and when Smith decides to undergo back surgery. If such a time occurs, Smith must present her claim for the payment of medical treatment and expenses pursuant to the applicable law and rules.
CONCLUSION
. We reverse the Court of Appeals and the Circuit Court of Pearl River County as to their determination that Smith did not reach maximum medical improvement on June 28, 2000, with respect to her injury at L5-S1. We hold that the Commission did not abuse its discretion in its finding that surgical intervention was not shown to be medically reasonable or necessary, and that Smith reached maximum medical improvement on June 28, 2000.
. We further hold that the Court of Appeals, the Circuit Court of Pearl River County, and the Commission were all premature in holding that Smith's condition at L4-5 was unrelated to her work-related injury . Until such time as Smith seeks medical treatment for that condition, the matter is not ripe for decision.
. We affirm the Court of Appeals, the Circuit Court of Pearl River County, and the Commission as to their determination that Smith suffered a 25% loss in wage earning capacity.
. AFFIRMED IN PART AND REVERSED IN PART.
SMITH, C.J., WALLER AND COBB, P.JJ., EASLEY, CARLSON AND RANDOLPH, JJ., CONCUR.
DIAZ AND GRAVES, JJ., NOT PARTICIPATING.
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