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Lane Furniture Industries5/31/2005
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: REVERSED AND REMANDED: 05/31/2005
BEFORE KING, C.J., CHANDLER AND BARNES, JJ.
. Lane Furniture Industries, Inc. appeals the decision of the Circuit Court of Lee County affirming the Mississippi Workers' Compensation Commission, which determined that Barbara Essary was entitled to permanent total disability benefits due to a work-related injury . Aggrieved by this decision, Lane Furniture raises the following issues which we quote verbatim:
I. The standard of review from a decision of the full Mississippi Workers' Compensation Commission requires an appellate court to review the decision of the commission as opposed to the administrative law judge where the commission enters its own findings of fact and conclusions of law.
II. An employer must refuse to reinstate or rehire a claimant in order for the injured worker to establish a prima facie case of total disability.
III. The Mississippi Workers' Compensation Commission erred as a matter of law, when it held the claimant was entitled to a presumption of permanent total disability after the commission found the claimant failed to return to work with the employer.
IV. The Mississippi Workers' Compensation Commission erred as a matter of law when it placed the burden of proof on the employer to contact the claimant regarding employment following her release from her doctor.
V. This Court should conduct a de novo review of the Mississippi Workers' Compensation Commission's findings of facts in light of applicable law, where the commission applied the improper legal standard.
VI. Assuming arguendo, this Court holds a Workers' Compensation claimant can make a prima facie case for total disability without first reporting back to her employer for work, then substantial credible evidence does not support the Mississippi Workers' Compensation Commission's finding that the claimant made a reasonable or diligent job search attempt.
. Finding error, we reverse and remand to the Commission.
FACTS
. In February 1994, Essary was employed as a sewing machine operator by Lane Furniture (formerly known as "Action"). While working at the factory on June 14, 2000, Essary injured her back while lifting material. According to Essary, on that same day, she went to see Dr. Hubbard, the company physician. Essary indicated that Dr. Hubbard took x-rays and referred her to a physician by the name of Dr. Eckman. Essary was advised by the nurse practitioner at Dr. Eckman's office to go home and rest for a week, after which she would be placed in physical therapy at the Aurora Spine Center. Essary stated that after the physical therapy sessions, her condition worsened.
. Thereafter, Essary went to see Dr. Donald Smith, her family physician in Okolona. After a series of tests, it was determined that Essary had a herniated disk. Dr. Smith referred Essary to Dr. Craig Clark, a neurosurgeon, in Southaven.
. Dr. Clark performed a costotransversectomy (microscopic surgery) on Essary on December 12, 2000. Dr. Clark concluded that Essary reached maximum medical improvement on March 30, 2001, and could return to work with restrictions as of April 15, 2001. Dr. Clark placed the following restrictions on Essary: (1) limited use of arms in extension, (2) weight limit of thirty pounds when lifting, pushing, or pulling, and (3) sit/stand for comfort. Dr. Clark indicated that Essary had sustained an impairment rating of sixteen percent to the body as a whole. Essary stated that Dr. Clark, in the presence of the company nurse, indicated that she could n
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