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Pilate v. International Plastics Corp.

January 12, 1999

DAETRUS L. PILATE APPELLANT
v.
INTERNATIONAL PLASTICS CORPORATION AND AMERICAN FEDERATED INSURANCE COMPANY APPELLEES



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

The opinion of the court was delivered by: Thomas, P.j.

DATE OF JUDGMENT: 11/06/97

TRIAL JUDGE: HON. WARREN ASHLEY HINES

COURT FROM WHICH APPEALED: SUNFLOWER COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: AFFIRMED THE MISSISSIPPI WORKERS' COMPENSATION FULL COMMISSION'S DECISION DENYING ADDITIONAL BENEFITS AND A FINDING OF NO PERMANENT PARTIAL DISABILITY OR LOSS OF WAGE EARNING CAPACITY.

DISPOSITION: AFFIRMED - 01/12/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Daetrus L. Pilate appeals the decision of the Sunflower County Circuit Court affirming the Mississippi Workers' Compensation Commission's denial of permanent partial disability and loss of wage earning capacity. On April 16, 1997, the Mississippi Workers' Compensation Commission ruled that the injury suffered by Pilate on January 21, 1995 was a compensable injury arising during the course and scope of Pilate's employment. However, the Commission ruled that Pilate had reached maximum medical improvement on May 3, 1995 and awarded Pilate temporary total indemnity and disability benefits for the period of his disability at his average weekly wage rate of $268.63. Pilate appeals to this Court and raises the following assignments of error:

I. THE FULL COMMISSION COMMITTED MANIFEST AND REVERSIBLE ERROR AS A MATTER OF LAW AND FACT

II. PILATE HAS NOT REACHED MAXIMUM MEDICAL IMPROVEMENT SINCE ALL TREATMENT AND DIAGNOSTIC TESTS RECOMMENDED WHICH COULD BENEFIT PILATE HAVE NOT BEEN UNDERTAKEN

III. PILATE SUSTAINED A 5 PERCENT PERMANENT IMPAIRMENT RATING TO HIS BODY AS A WHOLE RESULT ...


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