GOOD EARTH DEVELOPMENT, INC. v. Rogers

800 So. 2d 1164, 2001 WL 410819
CourtCourt of Appeals of Mississippi
DecidedApril 24, 2001
Docket2000-WC-00435-COA
StatusPublished
Cited by6 cases

This text of 800 So. 2d 1164 (GOOD EARTH DEVELOPMENT, INC. v. Rogers) 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
GOOD EARTH DEVELOPMENT, INC. v. Rogers, 800 So. 2d 1164, 2001 WL 410819 (Mich. Ct. App. 2001).

Opinion

800 So.2d 1164 (2001)

GOOD EARTH DEVELOPMENT, INC. and Liberty Mutual Insurance Company, Appellants
v.
James A. ROGERS, Appellee.

No. 2000-WC-00435-COA.

Court of Appeals of Mississippi.

April 24, 2001.
Rehearing Denied July 17, 2001.
Certiorari Denied December 6, 2001.

*1165 Donald V. Burch, Arthur S. Johnston, III, Jackson, Attorneys for Appellants.

Mark C. Baker Sr., Dannye L. Hunter, Brandon, Attorneys for Appellee.

EN BANC.

PAYNE, J., for the Court:

PROCEDURAL HISTORY

¶ 1. This is a workers' compensation case in which the administrative law judge found that James A. Rogers had sustained a one-hundred percent occupational loss of use of his left hand. Since the hand is a scheduled member, this injury resulted in a permanent partial disability, which the administrative law judge said qualified Rogers to receive disability benefits for one-hundred fifty weeks pursuant to Miss. Code Ann. § 71-3-17(c)(3) (Rev.2000). Feeling this award did not sufficiently cover his injuries, Rogers appealed to the Full Commission. In an order dated August 4, 1999, the Commission reversed the administrative law judge and found that Rogers had sustained only a sixty-five percent occupational disability rather than a one-hundred percent loss. The Commission ruled that Rogers was entitled only to permanent partial disability benefits for ninety-seven and a half weeks, which represented a sixty-five percent occupational disability attributable to his hand injury. Rogers then appealed to the Madison County Circuit Court and argued that he was permanently and totally disabled claiming one-hundred percent occupational disability. The circuit court reversed the Commission and found that, for purposes of Rogers's wage earning capacity, the impairment had adversely impacted his wage earning capacity to an extent greater than the medical percentage of impairment; thus, Rogers was totally occupationally disabled. Since Rogers was rendered permanently and totally disabled, according to Miss.Code Ann. § 71-3-17(a) (Rev.2000), he was entitled to permanent total disability benefits for 450 weeks. Good Earth now claims on appeal that the circuit court improperly substituted its judgment for *1166 that of the Commission in determining that Rogers was permanently and totally disabled, which contradicts the findings of the Commission. We hold that, because the Commission's ruling was without substantial evidence and was a misapplication of prevailing law, the circuit court's ruling should be affirmed.

FACTS

¶ 2. Additional facts will be addressed throughout this opinion; however, the basic facts are these: James Rogers was employed by Good Earth Development where he worked as a cabinet maker specializing in trim work. On January 11, 1996, while in the course and scope of his employment, Rogers's hand slipped and a saw blade cut his left hand. From this injury, Rogers, who is right-hand dominant, lost part of his left little finger and eventually his entire left ring finger was amputated. Rogers claims he is now permanently totally disabled as a result, since he had worked thirty-seven years as a trim carpenter and cannot continue in this work as a result of the injury. Rogers's physician, Dr. William Wallace, testified that the neuromas in Rogers's left hand could be very painful when stimulated by pressure or vibration or when exposed to cold temperatures, but such pain was not constant as long as Rogers did not apply direct pressure and avoided vibrations affecting his left hand. Pete Mills, a vocational rehabilitation expert, testified that in his professional opinion, Rogers is employable in a wide variety of other jobs including supervisory positions, security guard jobs, or any other job that did not require Rogers to use both hands.

ANALYSIS OF THE ISSUES PRESENTED

STANDARD OF REVIEW

¶ 3. With this appeal, Good Earth raises the following issues for our review:

I. DID THE CIRCUIT COURT ERR IN REVERSING THE DECISION OF THE MISSISSIPPI WORKERS' COMPENSATION COMMISSION AND RENDERING ITS OWN FINDINGS OF FACT?
II. DOES SUBSTANTIAL EVIDENCE EXIST IN THE RECORD TO SUPPORT THE FULL COMMISSION ORDER DATED AUGUST 4, 1999, AND THE FINDINGS AND AWARD CONTAINED THEREIN?

¶ 4. Our standard of review regarding workers' compensation cases has clearly been stated:

The standard of review in workers' compensation cases has clearly been established in our prior holdings. The Workers' Compensation Commission sits as the `ultimate finder of facts' in deciding compensation cases, and therefore, `its findings are subject to normal, deferential standards upon review.'
We hold that judicial review of findings of the Commission extends to a determination of whether they are clearly erroneous. And 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 (¶¶ 12-13) (Miss.Ct.App.2000) (citations omitted).

DISCUSSION OF THE ISSUES

¶ 5. Since both of the issues raised in this appeal deal with the circuit court's treatment of the Commission's finding, we examine both issues together. We initially *1167 point out that Good Earth does not contest that an injury occurred, nor do they argue whether or not the injury was work-related —both parties agree on these points. What is contested is the extent of occupational disability that Rogers suffered due to his on-the-job injury. Good Earth argues with this appeal that the circuit court usurped its standard of reviewing the Commission when it substituted its findings of fact for those of the Commission. Good Earth also argues that substantial evidence did not exist to support the circuit court's order, and that the Commission's order should be reinstated. We disagree.

¶ 6. The circuit court's duty in reviewing the Commission was to search only for clear errors. J.R. Logging, 765 So.2d 580 at (¶ 13). Pursuant to its standard of review, the circuit court may only alter the Commission's findings if, although there may be 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. Id. The Commission's judgment noted that fifty-nine year old Rogers has a high school diploma, has two years of military service, has full, unrestricted use of his dominant right hand, can use his left hand to perform light tasks which are not repetitive and which do not involve vibration, can drive, can operate a telephone or can work on a computer. In making these findings, the Commission reversed the administrative judge's assignment of one-hundred percent occupational loss disability award of a scheduled member and decreased it to a sixty-five percent occupational loss disability of a scheduled member. The Commission order essentially said that although Rogers was incapable of continuing in his previous occupation as a trim expert, he was still employable in some way and should have more fully explored the jobs for which the vocational rehabilitation expert suggested he may be qualified.

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800 So. 2d 1164, 2001 WL 410819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/good-earth-development-inc-v-rogers-missctapp-2001.