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Cornacchione v. Forrest County General Hospital

October 27, 1998

DANIEL CORNACCHIONE, SR. APPELLANT/CROSS-APPELLEE
v.
FORREST COUNTY GENERAL HOSPITAL APPELLEE/CROSS-APPELLANT



Before Thomas, P.j., King, And Southwick, JJ.

The opinion of the court was delivered by: King, J.

DATE OF JUDGMENT: 02/03/97

TRIAL JUDGE: HON. W. M. O'BARR JR.

COURT FROM WHICH APPEALED: FORREST COUNTY CIRCUIT COURT

NATURE OF THE CASE: WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: TRIAL COURT AFFIRMED THE FINDINGS OF THE FULL COMMISSION ORDERING EMPLOYER TO PAY TEMPORARY TOTAL DISABILITY BENEFITS OF $122.66 BEGINNING 5/12/96 THROUGH 1/9/94, WITH CREDIT GIVEN FOR ALL PRIOR PAYMENTS; PAY TEMPORARY PARTIAL BENEFITS OF $9.33 PER WEEK BEGINNING 3/23/94 UNTIL CLAIMANT REACHES MMI OR BECOMES TEMPORARILY TOTALLY DISABLED; PAY FOR, FURNISH, AND PROVIDE TO CLAIMANT ALL REASONABLE AND NECESSARY MEDICAL SERVICES AND SUPPLIES. A 10% PENALTY SHALL BE ASSESSED TO EACH PAYMENT NOT TIMELY MADE.

DISPOSITION: AFFIRMED - 10/27/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. This matter is before this Court on motions for rehearing filed by the parties. Both motions for rehearing are denied. The original opinion in this matter is withdrawn, and this opinion is substituted in its place.

¶2. This is an appeal from a Forrest County Circuit Court judgment affirming an order of the Mississippi Workers' Compensation Commission awarding the appellant, Daniel S. Cornacchione, Sr., temporary partial disability benefits for a work related back injury. Aggrieved by this judgment, Mr. Cornacchione asserts one issue on appeal which we have summarized as follows:

"Whether the lower court erred in affirming the Commission's finding of temporary partial disability status notwithstanding Appellant's need of further medical treatment."

ΒΆ3. Also aggrieved by the circuit court's judgment, the self-insured employer, Forrest County General Hospital cross-appeals and presents eight issues for review ...


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