City of Laurel v. Blackledge

755 So. 2d 573, 2000 WL 199851
CourtCourt of Appeals of Mississippi
DecidedFebruary 22, 2000
Docket98-CC-00446-COA, 96-CC-01299-COA
StatusPublished
Cited by8 cases

This text of 755 So. 2d 573 (City of Laurel v. Blackledge) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Laurel v. Blackledge, 755 So. 2d 573, 2000 WL 199851 (Mich. Ct. App. 2000).

Opinion

755 So.2d 573 (2000)

CITY OF LAUREL and Mississippi Municipal Workers' Compensation Group, Appellants,
v.
David A. BLACKLEDGE, Appellee.
City of Laurel and Mississippi Municipal Workers' Compensation Group, Appellants,
v.
David A. Blackledge, Appellee.

Nos. 98-CC-00446-COA, 96-CC-01299-COA.

Court of Appeals of Mississippi.

February 22, 2000.

*574 Diane V. Pradat, Jackson, Attorney for Appellants.

William Harold Odom, Laurel, Attorney for Appellee.

EN BANC.

MODIFIED OPINION ON MOTION FOR REHEARING

SOUTHWICK, P.J., for the Court:

¶ 1. As a result of a motion for rehearing, the previous opinion of this court is withdrawn and the following is substituted. We agree that since there was no cross-appeal, our reversal of the apportionment was procedurally inappropriate.

¶ 2. The claimant David Blackledge was a firefighter for the City of Laurel. He was awarded temporary and permanent partial disability worker's compensation benefits due to an injury to his cardiovascular system while responding to a fire alarm. The Commission apportioned the benefits based on a pre-existing, non-workrelated heart disease. With various procedural delays along the way, the question of whether adequate evidence existed to support the award has been presented to us. We affirm except as to a $25 per month temporary benefit.

FACTS

¶ 3. David Blackledge is a forty-six-year-old former firefighter for the City of Laurel. As a firefighter, he generally worked *575 five twenty-four-hour days, followed by seven consecutive days off. He testified that he worked on average fifty-two hours a week. He supplemented his income by working as a general contractor during the twenty-one days in a month he was not working as a firefighter.

¶ 4. At the time of his injury, Blackledge had worked for the fire department for approximately twenty-two years and had advanced to the rank of lieutenant. His average weekly wage was $398.91. His job involved driving a truck to the scene of a fire, as well as ensuring that all personnel were properly attired in full protective clothing. His own fire suit weighed fifty-six pounds. He often had to exert energy in climbing fire ladders and using pick axes and chain saws in assisting his crew in fighting fires. According to Blackledge's testimony, this was a stressful job.

¶ 5. On January 1, 1991, Blackledge started his shift at 6:00 A.M. Thereafter, he responded to a fire. After he returned from that call, the fire alarm sounded again. While putting on his gear in the engine room, he passed out. After regaining consciousness, Blackledge experienced severe chest pains. An ambulance transported him to the South Central Regional Medical Center. Blackledge was examined and was told that he had pulled a diaphragm muscle and was discharged with instructions to take muscle relaxants. When he continued to suffer from severe chest pains, he consulted his family physician, Dr. James Waites.

¶ 6. Dr. James Waites first examined Blackledge on January 7, 1991. He referred him to a cardiologist, who determined that Blackledge had coronary artery disease. A heart catheterization was performed on January 9, 1991. Dr. Thad Waites, a cardiologist practicing in Hattiesburg, performed a balloon angioplasty at that time. The catheterization revealed that Blackledge's left anterior descending coronary artery was ninety percent blocked, but that was reduced to ten percent by the angioplasty. According to Dr. Thad Waites, maximum medical improvement was achieved several days after the angioplasty.

¶ 7. Four months later, in May 1991, Blackledge began to experience shortness of breath and chest pain. In June he was promoted to first lieutenant. He received an increase in pay, but the promotion was for a six-month probationary period. On August 21, 1991, Dr. Thad Waites performed a repeat catheterization with a second angioplasty. This surgery reduced blockage in the same left anterior descending coronary artery from seventy-five percent to ten percent.

¶ 8. Blackledge received full pay from the city during his recovery from the second procedure, after which he returned to work. In November 1991, he was promoted to captain, a rank which carried another six-month probationary period. In January 1992, Dr. Thad Waites performed a third catheterization on Blackledge, which showed more blockage of the same artery. However, Dr. Waites testified that he chose to defer another angioplasty.

¶ 9. Blackledge received a promotion to training officer on December 2, 1992. He testified that this position paid more per hour than he made as a captain. However, he also stated that he made less money as a training officer than he did as a captain ($63.86 less per month) because he worked fewer hours and was not paid for overtime or holidays as a training officer. He said he accepted this position for its lower stress level. On October 4, 1993, Blackledge underwent a fourth catheterization, which revealed a forty to fifty percent blockage.

¶ 10. In December 1993, Blackledge was examined by Dr. Steven Webster, a boardcertified internist and cardiologist, who determined that he had an unusual arrhythmia. Dr. Webster confirmed the diagnosis of coronary artery disease in the left anterior descending artery, saying it was related to an obstruction of the artery generated through various risk factors. *576 The obstruction was deemed to be primarily an accumulation of scar tissue, cellular reaction or cholesterol remnants that had accumulated in the lining of the artery. Dr. Webster stated that he could not relate Blackledge's arrythmia or a collapsed lung to the coronary artery disease.

¶ 11. Blackledge retired from the fire department on May 4, 1994. He continued to have problems with his heart. Dr. James Waites testified that he was totally disabled from angina. Soon after Blackledge retired, he saw Dr. Webster again, who found his condition to be unchanged. In December 1994, Blackledge was hospitalized with chest pains. Dr. Webster concluded that Blackledge's ailments were not related to his employment.

¶ 12. Dr. Thad Waites testified that most people with a ninety-percent blockage such as Blackledge at the time of his collapse at the fire station, would have had significant blockage months before that time. In addition, Dr. Waites suggested that Blackledge's family history—his father dying of a myocardial infarction at age 51 and his mother having angioplasty at age 60—constituted a strong risk factor for the development of coronary artery disease.

¶ 13. After a petition to controvert was filed with the Workers' Compensation Commission, a hearing was held. On August 24, 1995, the administrative judge ruled that Blackledge had suffered a temporary total disability at a rate of $218.26 per week for those occasional periods that he was off work with his work-connected coronary condition between January 1, 1991, and May 3, 1994. Furthermore, the order stated that Blackledge was entitled to receive $25 per week because he was temporarily partially disabled from December 1, 1992(the date he became a training officer) until May 3, 1994(the date he last worked for the fire department). The administrative judge determined that Blackledge was entitled to permanent partial disability benefits at a rate of $106.37 per week for 450 weeks beginning May 4, 1994, as well as paid medical services. Finally, a ten-percent penalty was authorized for unpaid installments of compensation.

¶ 14. The employer and carrier appealed the order. The Commission affirmed on March 25, 1996.

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Bluebook (online)
755 So. 2d 573, 2000 WL 199851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-laurel-v-blackledge-missctapp-2000.