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Lane Furniture Industries5/31/2005
d by Lane's argument was whether or not Essary's job search was rendered unreasonable by her failure to inquire about the availability of work within her restrictions at Lane. The administrative law judge found from the evidence cited above that, during Essary's job search, it was reasonable for her to believe that Lane had no such work available. In my view, the evidence cited by the administrative law judge was substantial support for that conclusion.
. Further, the administrative law judge did not presume Essary was disabled. Instead, after considering the various factors relevant to a finding of permanent disability, the administrative law judge found Essary to be permanently, totally disabled. The evidence showed that Essary was sixty-two years old, had a work history of manual labor, and lacked clerical skills. The administrative law judge stated that Essary had significant work restrictions. That finding was supported by the testimony of Dr. Clark as to Essary's work restrictions, his statement that Essary may be actually more or less impaired than indicated by those restrictions, and his statement that Essary could cause further injury to her back unless she stayed within the restrictions. The administrative law judge accepted Essary's job search and found it to be extensive but unsuccessful. Indeed, there was evidence that Essary contacted twenty-seven employers and the potential employers located by the vocational rehabilitation specialist, but her job search was fruitless. This level of diligence has been found to support a finding that the claimant's job search was reasonable. See Pontotoc Wire Products Co., 384 So. 2d at 604. Obviously, the administrative law judge, who acted as the Commission's fact-finder in this case and observed all of the witnesses, rejected any evidence that Essary's job search was pretextual.
. I believe that the evidence of Essary's advanced age, work history of manual labor, lack of clerical skills, physical condition, job search, and social security disability status substantially supported the administrative law judge's finding that Essary could not obtain regular work in the labor market. When substantial evidence exists supporting an agency decision, this Court may not disturb the agency decision even if, were this Court the fact-finder, we would have reached a different conclusion. Vance v. Twin River Homes, Inc., 641 So. 2d 1176, 1180 (Miss. 1994). Since the Commission has already determined the issues of Essary's inability to return to her pre-injury job , the import of Lane's assertion that it could have accommodated Essary, and the reasonableness of Essary's job search, I believe that further fact findings are entirely unnecessary. I would affirm the decision of the circuit court affirming the Commission.
BRIDGES AND LEE, P.JJ., AND MYERS, J., JOIN THIS SEPARATE WRITTEN OPINION.
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