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Lovett v. Delta Reg'l Meducal Center

Supreme Court of Mississippi, En Banc

January 29, 2015

YVONNE LOVETT
v.
DELTA REGIONAL MEDICAL CENTER AND MHA SOLUTIONS

TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. DATE OF JUDGMENT: 02/07/2013.

FOR APPELLANT: FRANK H. SHAW, JR.

FOR APPELLEES: R. BRITTAIN VIRDEN.

RANDOLPH, PRESIDING JUSTICE. WALLER, C.J., DICKINSON, P.J., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.

OPINION

ON WRIT OF CERTIORARI

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

RANDOLPH, PRESIDING JUSTICE.

¶1. Yvonne Lovett was employed as a security guard for Delta Regional Medical

Page 89

Center. While on duty, Lovett slipped and fell. As a result of her fall, Lovett experienced injuries to her back and to her right knee. Months after returning to work at Delta, Lovett experienced dizziness and weakness and sought treatment. Subsequently, Lovett was diagnosed as having suffered a transient ischemic attack, commonly referred to as a mini-stroke.

¶2. Delta covered the costs of Lovett's related medical treatments and paid her disability benefits during the time in which she could not work. Lovett was assigned a date of maximum medical improvement, and she was assigned a five percent impairment to her body as a whole resulting from her back injury and a two percent impairment to her lower right extremity resulting from her knee injury.

¶3. Lovett filed two workers' compensation claims based on the two events, which were consolidated. After receiving stipulations and conducting a hearing on the matter, the administrative judge found that as a consequence of the slip-and-fall injury, Lovett had a thirty percent loss of wage-earning capacity, but that the mini-stroke claim was noncompensable. The administrative judge found certain subsequent medical expenses were not related to her employment and would not be covered. Both parties sought review by the Mississippi Workers' Compensation Commission (" the Commission" ).

¶4. The Commission affirmed in part and reversed in part, finding that there was not substantial evidence to support a thirty percent loss of wage-earning capacity, thus denying her permanent disability benefits, and that Delta would not be held responsible for the payment of Lovett's treatment with two doctors who were outside the " requisite chain of referral." The Commission affirmed the judgment of administrative judge on all other issues.

¶5. The Mississippi Court of Appeals affirmed the Commission's judgment. Lovett v. Delta Regional Med. Ctr., 157 So.3d 90, 2013-WC-00410-COA, *4 (Miss.Ct.App. Apr. 29, 2014). This Court granted Lovett's petition for ...


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