Delta Millwork, Inc. v. Terry

Mississippi Supreme Court

Delta Millwork, Inc. v. Terry

216 So. 2d 542, 1968 Miss. LEXIS 1244

CourtMississippi Supreme Court

DecidedDecember 16, 1968

DocketNo. 45133

StatusPublished

Cited by2 cases

This text of 216 So. 2d 542 (Delta Millwork, Inc. v. Terry) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Delta Millwork, Inc. v. Terry, 216 So. 2d 542, 1968 Miss. LEXIS 1244 (Mich. 1968).

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Opinion

ETHRIDGE, Chief Justice.

The Workmen’s Compensation Commission awarded temporary total and temporary partial disability benefits to claimant, Henry Terry, and also awarded permanent partial disability with apportionment. The record amply supports the order of the Commission, which was affirmed by the Circuit Court of Hinds County. However, the Commission found that maximum medical recovery occurred on February 1, 1967, but postponed apportionment for a preexisting disease to the date of the attorney referee’s order, February 27, 1967. The Commission’s order is affirmed, with this modification: Apportionment of permanent partial disability benefits begins on February 1 rather than February 27, 1967. This is in accord with Cockrell Banana Company v. Harris, 212 So.2d 581 (Miss.1968). Parenthetically, the Legislature at the 1968 session incorporated into a statute the Cockrell Banana limitations on apportionment. Miss.Laws 1968, H.B. 671, § 3.

Affirmed as modified.

RODGERS, BRADY, PATTERSON and SMITH, JJ., concur.

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ETHRIDGE, Chief Justice.

The Workmen’s Compensation Commission awarded temporary total and temporary partial disability benefits to claimant, Henry Terry, and also awarded permanent partial disability with apportionment. The record amply supports the order of the Commission, which was affirmed by the Circuit Court of Hinds County. However, the Commission found that maximum medical recovery occurred on February 1, 1967, but postponed apportionment for a preexisting disease to the date of the attorney referee’s order, February 27, 1967. The Commission’s order is affirmed, with this modification: Apportionment of permanent partial disability benefits begins on February 1 rather than February 27, 1967. This is in accord with Cockrell Banana Company v. Harris, 212 So.2d 581 (Miss.1968). Parenthetically, the Legislature at the 1968 session incorporated into a statute the Cockrell Banana limitations on apportionment. Miss.Laws 1968, H.B. 671, § 3.

Affirmed as modified.

RODGERS, BRADY, PATTERSON and SMITH, JJ., concur.

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216 So. 2d 542, 1968 Miss. LEXIS 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-millwork-inc-v-terry-miss-1968.

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