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Herbert v. City of Horn Lake

Court of Appeals of Mississippi

October 1, 2013

PATRICIA A. HERBERT, APPELLANT
v.
CITY OF HORN LAKE, MISSISSIPPI AND MS PUBLIC ENTITY WC TRUST, APPELLEE

TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. DATE OF JUDGMENT: 01/11/2013. TRIBUNAL AFFIRMED ADMINISTRATIVE JUDGE'S FINDING OF NO PERMANENT DISABILITY OR LOSS OF WAGE EARNING CAPACITY.

FOR APPELLANT: DAVID L. WALKER.

FOR APPELLEE: JOSHUA PAUL MOORE.

BEFORE LEE, C.J., ROBERTS AND CARLTON, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART AND DISSENTS IN PART.

OPINION

Page 944

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1. On December 11, 2006, Patricia A. Herbert[1] injured her back while pulling a fire hose during training as a firefighter in Horn Lake, Mississippi. Herbert filed a petition to controvert with the Mississippi Workers' Compensation Commission (the Commission) on June 2, 2008. The City of Horn Lake (the City) admitted compensability and began paying Herbert temporary total disability payments. After a hearing, the administrative judge (AJ) determined that Herbert was not due additional temporary disability benefits. The

Page 945

AJ further found Herbert failed to prove she suffered any permanent disability and/or any loss of wage-earning capacity. Herbert appealed to the Commission, which affirmed the decision of the AJ.

¶2. Herbert now appeals, asserting the Commission's decision was not supported by substantial evidence.

FACTS

¶3. Herbert was initially hired by the City as an EMT but was transferred to the fire department in April 2006. Her job required her to wear heavy equipment and engage in frequent bending and lifting. Herbert injured her back while pulling a heavy fire hose. Herbert was diagnosed with a ruptured disc and eventually referred to Dr. Glenn Crosby, a neurosurgeon. Dr. Crosby first saw Herbert on May 16, 2007, and ...


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