of Judgment: 02/11/2016
FROM WHICH MISSISSIPPI WORKERS' COMPENSATION COMMISSION
ATTORNEYS FOR APPELLANT: AMANDA GRACE HILL ROGEN K. CHHABRA
DARRYL MOSES GIBBS.
ATTORNEY FOR APPELLEE: DANIEL PAUL CULPEPPER.
IRVING, P.J., FAIR AND WILSON, JJ.
Arrisha Sampson appeals the judgment of the Mississippi
Workers' Compensation Commission (Commission), arguing
that the Commission erred in determining that she failed to
prove she suffered a disability that amounted to an
industrial loss of use greater than the medical impairment
percentage she was assigned by her doctor.
Finding no error, we affirm.
Sampson began working for MTD Products (MTD) in 2010 as a
production assembler. As a production assembler, she was
required to stoop, kneel, crouch, and regularly lift and/or
move items weighing ten to twenty-five pounds. On May 15,
2012, a piece of galvanized steel fell and lacerated
Sampson's left ankle. She was treated at a clinic and
returned to work within a few days. On September 18, 2012,
Sampson hyperextended the same ankle. Sampson, again, went to a
clinic for treatment; however, on this occasion she was
referred to orthopedic surgeon Dr. Kurre Luber. In November
2012, Dr. Luber performed surgery on Sampson's ankle to
treat a torn Achilles tendon. In January 2013, while still
attending therapy, she returned to work for
On April 22, 2013, Dr. Luber placed Sampson at maximum
medical improvement with no restrictions, assigning her a
two-percent permanent medical impairment rating to her left
lower extremity due to her work injury.
The parties stipulated that there were no issues regarding
Sampson's temporary disability or her medical treatment.
However, the parties disagreed on the existence and extent of
permanent disability attributable to her injuries. In May
2013, Sampson filed her petitions to controvert with the
Commission. After a hearing, the administrative judge (AJ)
found that Sampson had suffered a ten-percent industrial loss
of use to her left lower extremity and would be entitled to
proportional disability benefits.
MTD appealed that decision, and the full Commission reversed
the AJ's decision and found that Sampson was only
entitled to a two-percent industrial loss of use, consistent
with Dr. Luber's two-percent permanent medical impairment
rating. Sampson now appeals the decision of the Commission to
The standard of review in a workers' compensation case is
well settled: "If the findings of the Commission are
supported by substantial evidence, then they are binding on
this Court. As to matters of law, our review is de novo, but
the [Commission's] interpretation of workers'
compensation law is to be accorded great weight and
deference." Kimbrough ...