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Alumax Extrusions, Inc. v. Wright

December 30, 1998

ALUMAX EXTRUSIONS, INC., SELF-INSURED APPELLANT
v.
LARRY WRIGHT APPELLEE



Before Bridges, C.j., Hinkebein, And King, JJ.

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

DATE OF JUDGMENT: 06/27/97

TRIAL JUDGE: HON. GEORGE B. READY

COURT FROM WHICH APPEALED: DESOTO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: DECISION OF ALJ AS ADOPTED BY MWCC AWARDING TEMPORARY TOTAL AND PERMANENT PARTIAL DISABILITY BENEFITS FOR INJURY TO SCHEDULED MEMBER AFFIRMED

¶1. This appeal involves a claim for workers' compensation benefits as a result of an accident suffered during the scope of his employment by the respondent/cross-petitioner, Larry Wright, on New Year's Day 1993. Wright filed his petition to controvert on November 14, 1994 against Alumax Extrusions, Inc., a self-insured Mississippi corporation. The administrative law Judge [ALJ] awarded Wright temporary total disability benefits minus any amount already paid and any period during which he actually worked for his former employer. In addition, the ALJ awarded Wright permanent partial disability benefits for a 50% industrial disability to his right upper extremity. The Mississippi Workers' Compensation Commission subsequently adopted this order without comment and the circuit court thereafter affirmed the Commission. Alumax now appeals the circuit court's judgment on the following grounds:

I. WHETHER THE MWCC ERRED IN AWARDING TEMPORARY TOTAL DISABILITY BENEFITS FROM JANUARY 2, 1993 THROUGH SEPTEMBER 16, 1994.

II. WHETHER THE MWCC ERRED IN FINDING THAT WRIGHT HAD SUSTAINED A 50% PERMANENT PARTIAL INDUSTRIAL IMPAIRMENT TO THE ARM.

Likewise, Wright cross-appeals, raising the following assignment of error:

II. WHETHER THE MWCC ERRED IN RELATING THE RELEVANT INJURY TO WRIGHT'S ARM, A SCHEDULED MEMBER, RATHER THAN THE BODY AS A WHOLE.

Holding that there was substantial credible evidence supporting the findings made by the Commission, we affirm.

FACTS

ΒΆ2. The record shows that at the time of the hearing Wright was a 27- year-old male without a high school diploma or its equivalent and having experience exclusively in manual labor-type work. Throughout his adult life he has worked at various jobs, each requiring some degree of heavy lifting and many involving such in connection with overhead reaching. For example, Wright has tried his hand as a stock handler in a retail computer store, loaded furniture onto trucks, installed assorted ...


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