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Triplett v. Farm Fresh Catfish Co.

March 23, 1999

MARY A. TRIPLETT APPELLANT
v.
FARM FRESH CATFISH COMPANY APPELLEE



Before Thomas, P.j., Lee, And Southwick, JJ. Thomas, P.j., For The Court:

DATE OF JUDGMENT: 5/7/98

TRIAL JUDGE: HON. WARREN ASHLEY HINES

COURT FROM WHICH APPEALED: WASHINGTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: DISMISS CASE

DISPOSITION: AFFIRMED - 03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Mary A. Triplett appeals the order of the circuit court dismissing her appeal, raising the following issues as error:

I. THE ORDER OF THE COMMISSION CONTAINS MANIFEST ERROR AS A MATTER OF LAW AND FACT IN FINDING THAT APPELLANT IS ENTITLED ONLY TO COMPENSATION FOR PERMANENT PARTIAL DISABILITY ON THE BASIS OF A TWENTY PERCENT IMPAIRMENT TO HER RIGHT ARM ALONE, OR $148.86 PER WEEK FOR A PERIOD OF FORTY WEEKS COMMENCING JUNE 3, 1995.

II. THE ORDER OF THE COMMISSION IS MANIFESTLY ERRONEOUS AS A MATTER OF LAW AND FACT IN FAILING TO FIND ANY PERMANENT DISABILITY OR LOSS OF WAGE CAPACITY.

III. THE ORDER OF THE COMMISSION IS MANIFESTLY ERRONEOUS AS A MATTER OF LAW AND FACT FOR FAILING TO FIND THAT CLAIMANT HAS SUSTAINED ANY OCCUPATIONAL LOSS OF EITHER OF HER UPPER EXTREMITIES.

IV. THE ORDER OF THE COMMISSION IS MANIFESTLY ERRONEOUS AS A MATTER OF LAW AND FACT IN FAILING TO FIND THAT CLAIMANT WAS DILIGENT AND REASONABLE IN ...


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