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Mosby v. Cares

Court of Appeals of Mississippi

April 1, 2014

TIMOTHY MOSBY, APPELLANT
v.
AURORA CARES D/B/A TARA CARES, LLC AND PENNSYLVANIA MANUFACTURERS ASSOCIATION INS. CO., APPELLEES

DATE OF JUDGMENT: 06/14/2013.

TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION, TRIBUNAL DISPOSITION: AFFIRMED THE ORDER OF THE ADMINISTRATIVE JUDGE GRANTING APPELLANT TEMPORARY TOTAL DISABILITY BENEFITS AND REVERSED THE ADMINISTRATIVE JUDGE'S AWARD OF PERMANENT PARTIAL DISABILITY BENEFITS UNDER THE MISSISSIPPI WORKERS' COMPENSATION ACT.

FOR APPELLANT: TIMOTHY MOSBY (Pro se).

FOR APPELLEES: JOHN LEWIS HINKLE IV.

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

OPINION

Page 1057

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

ROBERTS, J.

¶1. Timothy Mosby filed a claim for benefits with the Mississippi Workers' Compensation Commission (" Commission" ) for injuries he suffered while working for Tara Cares LLC. The Commission denied Mosby's request for permanent partial disability benefits. Mosby appeals and argues that the Commission improperly weighed the evidence. We find that the Commission's decision was supported by substantial evidence. Accordingly, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On June 18, 2008, Mosby injured his lower back while working at Cleveland Nursing and Rehab, a facility supported by Tara Cares. Mosby was thirty-seven years old at that time. He was initially treated by Dr. Charles Brock at Cleveland Medical Clinic. Dr. Brock diagnosed Mosby with back strain. According to Dr. Brock, an MRI of Mosby's back indicated that he had " some disc bulges," but they were " chronic findings with nothing exactly acute found." Mosby requested a second opinion, so Dr. Brock referred him to Dr. Jimmy Miller, a neurosurgeon.

¶3. Dr. Miller evaluated Mosby on September 3, 2008. After evaluating Mosby and reviewing his MRI, Dr. Miller's impression was that Mosby had " [m]ild lumbar spondylosis." [1] Dr. Miller referred Mosby to anesthesiologist and pain-management physician, Dr. Ahmed Aziz.[2]

¶4. Meanwhile, Mosby continued to attend follow-up appointments with Dr. Brock. On September 29, 2008, Dr. Brock released Mosby to return to work the next day. Dr. Brock specified that Mosby should receive " modified duty." A note from Dr. Brock provides the following guidelines: " i.e., folding clothes, no heavy lifting, [and] no driving long distances." When Mosby returned to work, he was offered light duties that consisted of folding clothes and wrapping silverware. He was assured that no lifting, pulling, walking, ...


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