Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

HALL OF MISSISSIPPI, INC. v. WALTER GREEN

APRIL 17, 1985

HALL OF MISSISSIPPI, INC.
v.
WALTER GREEN



BEFORE ROY NOBLE LEE, SULLIVAN AND ANDERSON

ANDERSON, JUSTICE, FOR THE COURT:

This is a workmen's compensation appeal from the Circuit Court of Alcorn County. Appellee, a 35-year-old male, worked for his family automobile dealership for approximately twelve years. In February 1981 he left the dealership and secured a job with appellant through the Mississippi Employment Commission as a temporary material handler. After four days in this position, appellee injured his back while lifting boxes. He worked the five hours remaining in his shift and sought medical treatment, both in Corinth and Memphis. He was treated conservatively and released, but advised not to return to his job immediately. In June, some four months later, while watching television on a Sunday afternoon, appellee coughed and immediately noticed pain in his back. As a result of this, he again sought treatment in Memphis, where surgery was performed for a ruptured disc. He returned for subsequent visits and was finally released in October 1981.

Appellee resumed his employment at his family car dealership where he earned $200 per week, is provided with two cars at no expense, along with gas and health insurance. At the trial below, appellant admitted the initial injury but alleged that appellee's condition was a result of a later non-work related injury (presumably the cough). Appellant also denies that appellee suffered any loss of wage earning capacity.

 The administrative judge ruled that appellee suffered a work related injury, rendering a 15% permanent partial disability to the body as a whole, resulting in a loss of wage earning capacity of 50%. He further ruled that all appellee's earnings with Green Motor Company since his injury were not wages within the meaning of the Mississippi Workers' Compensation Act. Appellant petitioned for a review by the full commission and appellee petitioned for a review and increase of award; the full commission sustained the findings of the administrative judge and on appeal was affirmed by the circuit court.

 Appellant has assigned the following errors:

 I. THE TRIAL COURT ERRED IN FINDING APPELLEE'S RUPTURED DISC PROXIMATELY RESULTED FROM AN ON-THE-JOB INJURY.

 II. THE TRIAL COURT ERRED IN AWARDING APPELLEE PERMANENT

 PARTIAL DISABILITY BENEFITS.

 III. THE TRIAL COURT ERRED IN FINDING APPELLEE SUFFERED A LOSS OF WAGE EARNING CAPACITY.

 POINT I.

 It is uncontroverted that appellee received an on-the-job injury on February 11, 1981. Appellants contend this injury did not cause the ruptured disc and subsequent surgery. On review the medical testimony establishes that there was a causal relationship between appellee's on-the-job injury and his subsequent ruptured disc. Dr. DeSaussure, the surgeon who operated on the appellee stated the following:

 Q. And assume that his injury in February of 1981 began the chain of events -

 A. Yes, sir.

 Q. - which resulted in him being operated on for a ruptured disc. Is that correct?

 A. Yes, sir.

 Q. The two are connected in some way?

 A. Oh, I don't know that. I said I'd give him the benefit of the doubt.

 Q. And are you saying that you will give him the benefit of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.