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Sutton v. Vanguard Studios Inc.

March 24, 1998

SUTTON
v.
VANGUARD STUDIOS, INC. ET AL



Before McMILLIN, P.j., Diaz, King, And Payne, JJ.

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

RANDY J. SUTTON, APPELLANT v. VANGUARD STUDIOS, INC. AND CALCOMP, APPELLEES

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

DATE OF JUDGMENT: 02/07/97

TRIAL JUDGE: HON. JOEY H. LOPER, JR.

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: UPHELD DECISION OF COMMISSION

DISPOSITION AFFIRMED - 3/24/98

PROCEDURAL HISTORY

The claimant, Randy Sutton, filed his petition to controvert on October 28, 1993, against his employer, Vanguard Studios, Inc., for an injury he received while on the job December 10, 1992. He reached maximum medical improvement on September 7, 1993, and by order, the administrative law judge awarded Sutton permanent partial disability benefits in the sum of $110 per week, commencing September 8, 1993 and concluding after the statutory period of four-hundred and fifty weeks as well as temporary total disability benefits in the amount of $146.67 per week commencing on December 10, 1992 and concluding September 7, 1993.

Vanguard and Calcomp appealed the order to the Mississippi Workers' Compensation Commission, who, after reviewing the evidence partially, reversed the decision of the administrative law Judge through its order concerning permanent partial disability benefits. Feeling aggrieved, the claimant lodged his petition for review before the Circuit Court of Grenada County. Finding that substantial evidence did exist to warrant the findings of the Commission, the circuit court affirmed the Commission on February 7, 1997. Feeling further aggrieved, Sutton now appeals the circuit court's decision. After a detailed and careful review of the record, we find that substantial evidence existed to support the previous findings of the Commission and affirmation by the circuit court. We therefore are obligated under existing Mississippi law to affirm that holding.

FACTS

On December 10, 1992, Randy Sutton was injured on the job while working for his employer, Vanguard Studios, Inc. At the time, Sutton was thirty-three years old and his specific position at Vanguard was a saw operator. His prior work history included drywalling, driving a bulldozer, driving a dump truck, as well as working in a grocery store environment. His education is limited to receiving a high school diploma, and his average weekly wage while working at Vanguard was determined to be $220 per week.

Sutton's untimely fall while at work resulted in a ruptured disk to his back after he hit the concrete floor. After medical review by Dr. Samuel Hunter, he was assigned a permanent impairment rating of thirteen percent. Sutton was also given a weight restriction of twenty-five ...


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