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Pike County Board of Supervisors v. Varnado3/29/2005
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED: 03/29/2005
. Otis Varnado filed a petition to controvert on October 4, 2000, alleging that he had been injured during the course and scope of his employment with Pike County and that he suffered permanent disability as a result of his injury. A hearing was held on August 2001, before an administrative law judge of the Worker 's Compensation Commission. At the conclusion of the hearing, the judge found that Varnado had a permanent impairment attributable to a work-related back injury and awarded permanent total disability benefits. The Full Commission affirmed the decision of the administrative law judge. Upon appeal by Pike County, the Pike County Circuit Court affirmed the decision of the Full Commission.
. Feeling aggrieved, Pike County now appeals from the order of the circuit court and asserts the following issue: whether the Worker 's Compensation Commission committed error by awarding permanent total disability benefits and other related medical expenses to Varnado.
. Finding no error, we affirm the judgment of the circuit court.
FACTS
. Otis Varnado is a sixty-one year old resident of Summit, Mississippi. He has a high school education and one semester of college. Prior to his employment with Pike County, Varnado worked as a school bus driver, yard maintenance worker , a truck driver's helper, and a shipping clerk.
. Varnado began his employment with Pike County on June 1, 1972, as an operator. Varnado testified that during his twenty-seven year employment with Pike County, he always worked as a heavy equipment operator and was never offered any other job .
. On August 9, 1999, while Varnado was using a pipe to fasten a binder securing a tractor to a trailer, the pipe slipped and as Varnado threw his leg around in an attempt to throw the pipe out of the way, he heard his leg pop. Varnado injured his ankle and back in the incident.
. On the date of the injury, a co-worker transported Varnado to Southwest Mississippi Regional Medical Center where Varnado underwent x-rays and had a wrapped cast put on. Dr. Thomas B. Jeffcoat diagnosed Varnado with a fracture and with disruption of the medial ligamentous structure and told Varnado that he needed surgery. However, Varnado refused surgery and asked to be released. The next day Varnado met with Dr. Penny J. Lawin at the Mississippi Sports Medicine Clinic. Dr. Lawin's impression was that Varnado suffered from a fracture of his left ankle and that Varnado needed surgery immediately. Outpatient surgery was performed that day.
. Dr. Lawin noted on December 8, 1999, that Varnado complained of shooting pain in his legs and back. Dr. Lawin opined that Varnado suffered from peroneal and posterior tib tendinits as a result of his physical therapy and that his back pain was caused by his limping. Furthermore, Dr. Lawin noted on February 1, 2000, that Varnado complained of having difficulty standing and numbness in his feet. As a result, Dr. Lawin recommended that Varnado undergo an EMG and nerve conduction study which was conducted by Dr. Michael C. Graeber. This study suggested a possible S1 radiculopathy. Dr. Lawin then referred Varnado to Dr. Bruce S. Senter, an orthopedic surgeon in Jackson, Mississippi.
. On March 21, 2000, Varnado was examined by Dr. Senter. Dr. Senter opined that Varnado suffered from marked stenosis at the second to last and third disc. Dr. Senter recommended surgery, but Varnado was not interested. Instead, Varnado opted for non-surgical treatment, and on April 11, 2000, Dr. Senter placed Varnado at maximum medical improve
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