OF JUDGMENT: 05/10/2016
MISSISSIPPI WORKERS' COMPENSATION COMMISSION
ATTORNEY FOR APPELLANT: CRAIG BRIDGEMAN (PRO SE)
ATTORNEY FOR APPELLEES: THOMAS LYNN CARPENTER JR.
Craig Bridgeman claims the Mississippi Workers'
Compensation Commission (the Commission) erred when it found
that he was entitled to permanent partial disability (PPD)
benefits for a 50% industrial loss of use of his right upper
extremity. According to Bridgeman, the Commission should have
found that he suffered a 100% industrial loss of use. Finding
no error, we affirm the Commission's judgment.
AND PROCEDURAL HISTORY
Bridgeman was working for SBC Internet Services Inc. when he
injured his right arm and shoulder. In August 2014, a
physician opined that because Bridgeman could no longer climb
utility poles, he could not return to his pre-injury
position. Following medical treatment, Bridgeman reached
maximum medical improvement in January 2015. A
functional-capacity evaluation indicated that Bridgeman had
permanent work restrictions.After SBC terminated Bridgeman
because he could not return to work, Bridgeman filed a claim
for workers' compensation benefits.
The administrative judge found that Bridgeman's injury
was compensable. In a thorough and detailed opinion, the
administrative judge noted that Bridgeman had a 7% medical
impairment to his right arm, but it was outweighed by a 50%
industrial loss of use. Consequently, the administrative
judge found that Bridgeman was entitled to PPD benefits
equivalent to two-thirds of his average weekly wage for 100
weeks. Bridgeman appealed. The Commission adopted the
administrative judge's findings and upheld her decision.
Dissatisfied, Bridgeman appeals.
Our review of the Commission's decision "is limited
to determining whether the decision was supported by
substantial evidence, was arbitrary and capricious, was
beyond the scope or power of the agency to make, or violated
one's constitutional or statutory rights." Gregg
v. Natchez Trace Elec. Power Ass'n, 64 So.3d 473,
475 (¶8) (Miss. 2011). This Court does not reweigh the
evidence, resolve questions of fact, or judge the credibility
of witnesses; those are all matters for the Commission.
Short v. Wilson Meat House LLC, 36 So.3d 1247, 1251
(¶23) (Miss. 2010). "When the Commission accepts
the findings and conclusions of the administrative judge,
this Court reviews those findings and conclusions as those of
the Commission." Pruitt v. Howard Indus. Inc.,
232 So.3d 822, 824 (¶7) (Miss. Ct. App. 2017).
Bridgeman claims that the Commission should have found that
he suffered a total industrial loss of use of his right arm.
According to Bridgeman, SBC did not adequately rebut the
presumption of total loss of use that arose ...