Of Judgment: 10/23/2015
FROM WHICH MISSISSIPPI WORKERS' COMPENSATION COMMISSION
ATTORNEYS FOR APPELLANT: ROY O. PARKER HALEY WADE McINGVALE,
ATTORNEYS FOR APPELLEES: AMY LEE TOPIK JOSEPH ANTHONY
RANDOLPH, PRESIDING JUSTICE.
Bettye Logan sustained a compensable leg injury while
employed at Klaussner Furniture Corporation d/b/a Bruce
Furniture Industries ("Klaussner"). An
Administrative Judge ("AJ"), and the Mississippi
Workers' Compensation Commission
("Commission"), found that Logan had suffered a
sixty-percent loss of industrial use to her left lower
extremity, which entitled her to 105 weeks of compensation
set at $331.06 for her "scheduled-member" injury
under Mississippi Code Section 71-3-17(c)(2). Logan appealed,
and the Court of Appeals reversed, finding that the
Commission and the AJ had applied the incorrect part of
Section 71-3-17 and that either subsection (a) or subsection
(c)(25) of the statute - and not subsection (c)(2) - applied.
Klaussner and the American Casualty Company, the carrier,
petitioned this Court for writ of certiorari. Having granted
certiorari, the Court finds that the Commission and the AJ
properly awarded Logan permanent-partial disability benefits
under Section 71-3-17(c)(2). Accordingly, we reverse the
judgment of the Court of Appeals and reinstate and affirm the
holding of the AJ and Commission.
AND PROCEDURAL HISTORY
This case is before the Court after a lengthy procedural
history, having been heard twice by the Court of Appeals, the
Commission, and an AJ. On October 9, 2003, Logan, then
employed by Klaussner, tripped and fell at work, sustaining a
leg injury. Logan filed a petition to controvert with the
Commission on December 9, 2004.
A hearing was held on August 12, 2010. Logan testified that
she was working at Klaussner as a cutter and spreader when
she tripped on strings of fabric and fell. Logan returned to
light-duty work in May 2004. Initially, Logan was
accommodated and placed in a position tearing tags from
bundles and placing labels on products. Logan was able to
remain seated in this position. After two weeks, a Klaussner
plant manager suggested that Logan take the bundling job.
Logan did not believe that she could perform that job, and
the bundling job paid less than her previous position. So
Logan took a voluntary layoff. Logan began receiving Social
Security disability benefits in May 2005.
Logan stated that, after the accident, she had trouble
completing daily activities because of her injury and
testified that she began living with her daughter, Ginnie
Graham ("Graham"). Graham also testified that,
since Logan's accident, she had to take care of her
mother, as she could no longer complete daily activities,
such as grocery shopping or driving long distances. According
to Graham, Logan could not sit upright for more than two or
three hours before her leg began to swell.
Extensive medical records and testimony were produced at the
hearing, which were summarized by the Court of Appeals:
On the day of the accident, [Logan] saw Dr. Bruce Longest,
who then referred her to Dr. Earnest B. Lowe Jr., ...