Logan v. Klaussner Furniture Corp.

Citations: 127 So. 3d 1138; 2013 WL 2402952; 2013 Miss. App. LEXIS 319Docket: No. 2012-WC-00429-COA

Court: Court of Appeals of Mississippi; June 4, 2013; Mississippi; State Appellate Court

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Bettye Logan was employed by Klaussner Furniture Corporation and sustained injuries on October 9, 2003, when her foot was caught in fabric fibers, causing her to fall. Following the incident, she was referred to Dr. Earnest B. Lowe Jr., who diagnosed her with a fractured fibula and a spiral fracture of the tibia, and treated her with a cast, predicting a three-month healing period. Subsequent visits to Dr. Kim Stimpson revealed ongoing complications, including the need for a fracture brace and restrictions on weight-bearing activities. 

Logan was unable to work from January 20 to March 20, 2004, and continued to experience pain and swelling, leading to limited work recommendations from April 24 to July 25, 2004. After resuming light-duty work in May 2004, she faced a potential job change that would decrease her pay, prompting her to take a voluntary layoff. By May 2005, she began receiving Social Security disability benefits and struggled to find employment thereafter.

Dr. Stimpson noted that Logan's recovery was below expectations due to an anterior tibial nerve injury and maintained her work restrictions, estimating she would reach maximum medical improvement (MMI) by October 2004. Evaluations by David Brick and Hill Rehabilitation Services concluded that while Logan was capable of performing light-duty work, she still experienced leg issues that limited her to sedentary positions allowing her to sit and elevate her leg.

Logan initially consulted orthopedic surgeon Dr. Rommel Childress on August 1, 2006, who ordered MRI tests revealing a tear in her medial meniscus. During a follow-up on August 21, 2007, Dr. Childress recommended using a cane or crutch and suggested exercises, advising that surgery could be performed electively. Later, at her employer's request, Logan visited Dr. Cooper Terry on February 9, 2009, due to ongoing knee issues. Dr. Terry linked her knee pain and meniscal tear to a work injury and recommended arthroscopy, which Logan underwent on July 18, 2009. By September 23, 2009, Dr. Terry assessed Logan as having reached maximum medical improvement (MMI) with a 4% impairment to her left lower extremity and no permanent work restrictions.

Logan filed a petition with the Mississippi Workers’ Compensation Commission on December 9, 2004, leading to a hearing on August 12, 2010. During the hearing, Logan testified about her difficulties in performing daily activities post-accident, including needing assistance from her daughter, Ginnie Graham, for tasks like grocery shopping and driving. Logan reported being unable to stand or sit for prolonged periods without experiencing numbness in her leg and foot. Ginnie Graham corroborated Logan's struggles, noting that her mother could not sit upright for more than a few hours due to swelling.

Two vocational-rehabilitation experts provided differing assessments. Logan’s expert, C. Lamar Crocker, claimed she faced a 100% loss in the labor market, while Klaussner’s expert, Jennifer Oubre, identified Logan as employable in customer service and receptionist roles, based solely on her medical records. After hearing Logan's and her daughter's testimonies, Oubre acknowledged that their statements could impact her opinion.

On July 29, 2011, the administrative judge concluded that Logan had not experienced any industrial loss of use of her left lower extremity due to her work-related injuries. The judge noted that while Logan had a permanent medical impairment of 4%, the evidence did not support a finding of industrial loss attributable to her work-related condition.

Logan filed a petition for review with the full Commission, which affirmed the Administrative Judge's (AJ) decision on February 6, 2012. Logan is appealing, claiming she has a 100% permanent and total occupational disability and that the Commission's affirmation of the AJ's ruling was against the overwhelming weight of the evidence. She contends the AJ ignored her vocational expert's opinion, did not adequately consider her limited education and special training, improperly accepted an opinion based solely on medical records, and failed to recognize her total occupational disability preventing her return to previous work. The central issue on appeal is whether the AJ's and Commission's determination of no 100% permanent and total disability was supported by substantial evidence, including whether all relevant testimony and evidence were considered.

The review of workers' compensation decisions requires determining if the Commission's decision is backed by substantial evidence, with limited grounds for reversal, such as unsupported findings of fact or clearly erroneous legal conclusions. According to Mississippi law, compensation for disability arises from work-related injuries, defined as the incapacity to earn wages due to injury, supported by medical findings. Logan argues she has sustained a 100% permanent and total occupational disability, citing specific restrictions from her physician, Dr. Stimpson, and ongoing significant problems with her lower-left extremity.

The evidence supports a finding of permanent partial or total disability, indicating the Commission erred in concluding Logan suffered no permanent disability. Testimonies from Logan and Graham reveal her significant leg issues, which impair her ability to perform daily tasks and restrict her to limited periods of sitting, challenging her capability to work, even in sedentary roles, as suggested by medical professionals and vocational experts.

Vocational specialists provided testimony supporting Logan's claim of permanent partial or total disability, with Logan's expert, Crocker, asserting a 100% loss in the labor market. The opposing expert, Oubre, acknowledged that her opinion would change if Logan's and Graham's testimonies were accurate and noted she did not discuss Logan's ongoing medical issues prior to her assessment. At the time of injury, Logan earned $14 per hour, while Oubre identified potential jobs paying $7.25 to $8.50 per hour, and a position offered post-injury would pay less than her pre-injury wage, indicating at least a loss in wage-earning capacity. Medical evidence indicated Logan has a 4% permanent medical impairment, with some evaluators imposing permanent work restrictions despite Dr. Terry not assigning any. Evaluations from Cornerstone Rehabilitation and Hill Rehabilitation Services confirmed Logan could only perform light-duty work or sedentary positions that required constant sitting and leg elevation. The cumulative evidence from lay testimony, vocational experts, and medical evaluations substantiates Logan's claim of suffering a permanent partial or total disability. The Mississippi Workers’ Compensation Commission's judgment is reversed, and the case is remanded for a determination of appropriate compensation, with all appeal costs assigned to the appellees.