Foamex Products, Inc. v. Simons

822 So. 2d 1050, 2002 WL 485821
CourtCourt of Appeals of Mississippi
DecidedApril 2, 2002
Docket2001-WC-00049-COA
StatusPublished
Cited by14 cases

This text of 822 So. 2d 1050 (Foamex Products, Inc. v. Simons) 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
Foamex Products, Inc. v. Simons, 822 So. 2d 1050, 2002 WL 485821 (Mich. Ct. App. 2002).

Opinion

822 So.2d 1050 (2002)

FOAMEX PRODUCTS, INC. and the Insurance Company of the State of Pennsylvania, Appellants,
v.
Sandra SIMONS, Appellee.

No. 2001-WC-00049-COA.

Court of Appeals of Mississippi.

April 2, 2002.
Rehearing Denied June 25, 2002.

*1051 David B. McLaurin, Tupelo, attorney for appellants.

Duncan L. Lott, Bonneville, attorney for appellee.

Before BRIDGES, P.J., LEE, and CHANDLER, JJ.

CHANDLER, J., for the court.

¶ 1. On September 30, 1996, the claimant in this case, Sandra Simons, filed a petition to controvert, describing a work related injury arising from her employment with Foamex Products, Inc. On June 19, 1999, a hearing was held before an administrative law judge who ordered that Simons was entitled to permanent partial disability benefits of $192.90 beginning July 16, 1997, and continuing for a period of thirty weeks as compensation for the injury to Simons's right upper extremity. She further ordered Foamex to make payment of $192.90 for an additional period of twelve weeks as compensation for the injury to Simons's left upper extremity.

¶ 2. On October 28, 1999, Simons appealed this order to the Workers' Compensation Commission. A hearing was held before the Full Commission on May 8, 2000. The Commission affirmed the order of the administrative law judge. Simons then appealed the Commission's decision to the Circuit Court of Lee County, Mississippi. The circuit court reversed the Commission's order and found that Simons had sustained permanent total disability.

¶ 3. Feeling aggrieved, Foamex filed this appeal and cites three issues as error. First, Foamex argues that the circuit court erred by failing to apply the substantial credible evidence standard of review. Next, Foamex argues that the lower court erred in finding that the Commission committed an error of law regarding total vocational disability. Finally, Foamex argues *1052 that the circuit court erred in finding that Simons could not engage in her usual occupation.

FACTS

¶ 4. Sandra Simons was employed by Foamex as a cushion assembler from April 1994 until October 1995, when she was terminated from her position. On August 29, 1994, Simons reported an onset of pain and numbness in her hands. These symptoms were eventually diagnosed as carpal tunnel syndrome.

¶ 5. Simons initially saw Dr. Grayden Tubb, who diagnosed chronic pain syndrome in her hands. Dr. Tubb referred Simons to Dr. Mitch Massey, a specialist at Tupelo Orthopaedics in Tupelo, Mississippi. Dr. Massey performed a right carpal tunnel release in September 1994, and a left carpal tunnel release in October 1994. He then performed a left trigger thumb release in March 1995. In January 1995, Dr. Massey began treating Simons for sensory hypethesia on the ulnar aspect of he ring and third finger. He indicated that this condition would create an impairment of five percent to her right upper extremity. In March 1995, Dr. Massey began treating Simons for tendinitis in her left thumb. Dr. Massey stated that the tendinitis was caused by the repetitive use of her hand. He operated on Simons's thumb in April 1995. Dr. Massey did not see the claimant again until January 1997 for complaints of symptoms related to her carpal tunnel syndrome. In May 1997, Dr. Massey performed nerve conduction studies which revealed moderate carpal tunnel on the left and moderate to severe carpal tunnel on the right.

¶ 6. During the course of Dr. Massey's treatment, Simons was referred by Foamex to Dr. William Geissler in Jackson, Mississippi. Dr. Geissler diagnosed Simons with ulnar abutment syndrome and tear of triangular fibre cartilage complex. He performed two surgeries to repair these conditions. He stated that the condition was not work related but may have been aggravated by the repetitive use of Simons's hands. With regard to Simons's carpal tunnel syndrome, Dr. Geissler performed new nerve conduction studies. He testified that based on the results of the tests, he gave Simons a four percent impairment rating to her right upper extremity.

¶ 7. During this same time, Simons was seen by the North Mississippi Medical Industrial Work Center where she received physical therapy and three functional capacity evaluations. The first evaluation was performed in 1995, the second in July 1996, and the last one in July 1997. The first capacity evaluation concluded that Simons was limited to employment that fit within the parameters of "sedentary work" as defined by the Dictionary of Occupational Titles. The second evaluation concluded that Simons could work in the light work level as defined by the Dictionary of Occupational Titles. The third evaluation repeated the results of the first and instructed that Simons could "work in some capacity" in the sedentary range.

¶ 8. Simons saw Dr. Laura Gray, physiatrist, in December 1998, for a claimant medical examination. Dr. Gray performed a physical examination and reviewed Simons's medical records. Based on Simons's subjective complaints of numbness, pain and swelling in both hands, Dr. Gray felt that Simons could no longer perform repetitive job activities. Dr. Gray stated that Simons had a permanent disability which would prevent her from doing any type of clerical typing or any activity that required motion of the wrist on a repetitive basis.

¶ 9. Simons saw Dr. John Brophy, a neurosurgeon, in January 1999, for an employer *1053 medical examination. Dr. Brophy diagnosed her with bilateral carpal tunnel syndrome. He concluded that she had a chronic right extensor arm and wrist pain. Dr. Brophy testified that he did not think that surgery would have been helpful. He gave Simons a permanent medical impairment rating of four percent to each upper extremity. Dr. Brophy acknowledged that these figures were less than AMA Guidelines suggested. He stated that he felt that routine carpal tunnel syndrome patients should return to work with no restrictions.

¶ 10. After her termination from Foamex, Simons worked for five days at a Hardee's fast food restaurant. She was forced to leave the job because of pain caused by repetitive motions required by the job. She then sought employment at three other businesses but was not hired. Simons saw a vocational counselor in December 1996. Job reports were issued to Simons in February 1997, January 1998, and May 1999. Simons testified that she contacted and applied with four of the six businesses on the January 1998 list but was unable to find employment. Simons began receiving social security disability in April 1998 and did not seek further employment after that time.

STANDARD OF REVIEW

¶ 11. Appellate review of compensation claims is a narrow one. The Mississippi Supreme Court has stated, "[t]hat the findings and order of the Workers' Compensation Commission are binding on the court so long as they are `supported by substantial evidence.'" Liberty Mut. Ins. Co. v. Holliman, 765 So.2d 564(¶ 6) (Miss. Ct.App.2000) (quoting Vance v. Twin River Homes, Inc., 641 So.2d 1176, 1180 (Miss. 1994)). The Commission's order will be reversed only if the court finds that the order was clearly erroneous and contrary to the overwhelming weight of the evidence. Liberty Mut. Ins. Co., 765 So.2d at (¶ 6). "A finding is clearly erroneous when, although there is some slight evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made by the Commission in its findings of fact and in its application of the Act." J.R. Logging v. Halford, 765 So.2d 580(¶ 12) (Miss.Ct.App.2000).

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Bluebook (online)
822 So. 2d 1050, 2002 WL 485821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foamex-products-inc-v-simons-missctapp-2002.