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01/09/97 GOAD v. SAYLE OIL COMPANY

January 09, 1997

GOAD
v.
SAYLE OIL COMPANY, ET AL



Before Bridges, C.j., Herring, Payne, And Southwick, JJ.

The opinion of the court was delivered by: Payne, J., For The Court

MICHAEL VOYD GOAD, APPELLANT v. SAYLE OIL COMPANY AND MISSISSIPPI FOOD AND FUEL WORKERS' COMPENSATION TRUST, APPELLEES

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. GEORGE C. CARLSON, JR.

COURT FROM WHICH APPEALED: TALLAHATCHIE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: COMMISSION DENIED PERMANENT BENEFITS TO THE CLAIMANT

DISPOSITION AFFIRMED - 6/23/98

MOTION FOR REHEARING FILED:

PROCEDURAL HISTORY

Michael Voyd Goad filed his petition to controvert on July 11, 1994, concerning a work related accident resulting in injury to his back and alleged (work related) injury to his neck. The defendants admitted a compensable back injury but denied that the neck injury resulted from the accident. His claim was heard by an administrative law Judge on October 12, 1995.

After receiving the evidence, the administrative law Judge found that the claimant had in fact received a work related injury, but that the injury did not result in loss of wage earning capacity and therefore denied compensation. Feeling aggrieved, the claimant appealed to the Mississippi Workers' Compensation Commission. The Commission affirmed the order of the administrative law Judge. Feeling further aggrieved, the claimant appealed to the Circuit Court of Tallahatchie County. The circuit court affirmed the Full Commission on January 9, 1997. Finally, the claimant appealed to this Court, perfecting his appeal on January 21, 1997. After receipt of the record and a complete review of the facts and law, we uphold the Full Commission's order.

FACTS

The claimant was born on November 25, 1950, and was forty-four at the time of his accident. He has completed the eleventh grade and has no formal vocational training. In 1985, he became employed driving a fuel tanker, delivering fuel from terminals in Mississippi, Tennessee, and Arkansas to his employer's customers. His responsibilities at these sites included loading fuel at the terminals and off-loading fuel at the delivery sites. He was paid according to a ...


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