JOHNSON ELEC. AUTOMOTIVE, INC. v. Colebrook

995 So. 2d 791, 2008 WL 1947085
CourtCourt of Appeals of Mississippi
DecidedMay 6, 2008
Docket2007-WC-00448-COA
StatusPublished
Cited by2 cases

This text of 995 So. 2d 791 (JOHNSON ELEC. AUTOMOTIVE, INC. v. Colebrook) 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
JOHNSON ELEC. AUTOMOTIVE, INC. v. Colebrook, 995 So. 2d 791, 2008 WL 1947085 (Mich. Ct. App. 2008).

Opinion

995 So.2d 791 (2008)

JOHNSON ELECTRIC AUTOMOTIVE, INC., and Zurich American Insurance Company, Appellants/Cross-Appellees,
v.
Betty COLEBROOK, Appellee/Cross-Appellant.

No. 2007-WC-00448-COA.

Court of Appeals of Mississippi.

May 6, 2008.
Rehearing Denied September 16, 2008.
Certiorari Denied December 4, 2008.

*792 Joseph T. Wilkins, Tameka Wilder Buck, Jackson, attorneys for appellants.

*793 Robert H. Faulks, attorney for appellee.

Before MYERS, P.J., GRIFFIS and ROBERTS, JJ.

ROBERTS, J., for the Court.

SUMMARY OF THE CASE

¶ 1. Betty Colebrook sought workers' compensation benefits from Johnson Electric Automotive. Colebrook filed separate petitions to controvert in December 2000 and January 2001. In both petitions, Colebrook submitted that she "sustained aggravation of her [previous workers' compensation] injuries and/or new injuries" in April 2000 and July 2000. The administrative law judge found that Colebrook was not entitled to benefits because her injuries stemmed from her earlier compensable injuries. Colebrook appealed to the full Commission.

¶ 2. The full Commission disagreed with the administrative law judge. The full Commission awarded Colebrook temporary total disability benefits, permanent partial disability benefits for 78% loss-of-use of Colebrook's right arm, permanent partial disability benefits for a 50% loss-of-use of her left arm, medical expenses, penalties, and interest. Johnson Electric appealed to the Lowndes County Circuit Court. The circuit court affirmed the full Commission's decision. Aggrieved, Johnson Electric appeals, and Colebrook cross-appeals.

FACTS AND PROCEDURAL HISTORY

¶ 3. In 1973, Colebrook began working for United Technologies, the company that eventually became Johnson Electric. Different names aside, both companies manufactured various small motors. Colebrook worked in virtually every assembly-related capacity.

¶ 4. In 1997, Colebrook sustained an on-the-job injury to her right shoulder. In early 1998, Colebrook injured her neck at work. As a result, Dr. Felix Savoie performed surgery on Colebrook's right shoulder, her right wrist, and the palm of her right hand.[1] Dr. Savoie allowed Colebrook to return to limited duty in July 1999. By February 2000, Colebrook was released to work full eight-hour days.[2]

¶ 5. By way of her petition to controvert, Colebrook claimed she aggravated her previous injuries or sustained new injuries while packing motors on April 6, 2000. Colebrook also claimed she suffered another injury to her shoulder and neck on July 18, 2000. On July 19, 2000, Colebrook saw Dr. Joseph Hillman for neck and right shoulder pain, among other things. Dr. Hillman diagnosed Colebrook with cumulative left shoulder trauma and re-injury of her right shoulder. Subsequent EMG/nerve conductive studies and an MRI revealed a "mild, right sided C-5 radiculopathy, without disc bulge or herniation, and bilateral median neuropathy in both wrists." On October 4, 2000, Dr. Hillman told Colebrook that she should not return *794 to work. On December 21, 2000, and January 26, 2001, Colebrook filed petitions to controvert.

¶ 6. On March 4, 2005, the administrative law judge rendered her opinion. The administrative law judge concluded that Colebrook's injuries were a continuation of her previous injuries from which she never fully recovered. Accordingly, the administrative law judge declined to award Colebrook benefits and dismissed her claims.

¶ 7. Colebrook appealed to the full Commission. On April 5, 2006, the full Commission rendered its order. The full Commission found as follows:

Ms. Colebrook relates a credible history of having sustained an aggravating injury to her upper extremities, and possibly her neck, in April and July 2000. Although a number of physicians have weighed in on the exact nature of her condition, we are most persuaded by the findings of Dr. Hillman, her long[-]time treating physician. The medical evidence here is in conflict as to the exact nature and cause of Ms. Colebrook's current upper extremity impairments, and there are equally credibly [sic] and competent opinions on both sides of the question. In such cases, "deference must be provided to the claimant's treating physicians of choice in order to satisfy the long-recognized principles that: a) treating physicians' opinions are generally afforded more credibility and weight than those of physicians who examine the claimant solely for purposes of testifying and do not establish a physician-patient relationship; b) when there are `even questions' they are typically resolved in favor of the injured worker and c) this is done [to] satisfy the statutory mandate that doubtful cases be resolved in favor of compensation so as to satisfy the beneficient remedial purpose of the statutory law." [citations omitted]
We find, therefore, that Ms. Colebrook sustained compensable extremities [sic] on or about April 6, 2000, and on or about July 18, 2000. The Opinion of the Administrative Judge is reversed and set aside, accordingly.
....
This leads us to the question of disability, both temporary and permanent. Insofar as temporary disability is concerned, it appears Ms. Colebrook first became disabled and entitled to benefits under the Law on October 4, 2000[,] when Dr. Hillman took her off work. She remained temporarily and totally disabled until June 3, 2002[,] when she reached maximum improvement, according to Dr. Hillman. She is, therefore, entitled to temporary total disability benefits for this period of time.
Concerning permanent disability, we seek to determine the extent to which Ms. Colebrook has lost the use of her left and right upper extremities for wage earning purposes. As noted earlier, Dr. Hillman determined that Ms. Colebrook suffered a 33% functional loss-of-use of her left and right upper extremities. He also noted Ms. Colebrook was unable to continue working for the Employer, the only employment she has ever known. Dr. Hillman removed her from work completely, while Dr. Savoie limited her to lifting less than five pounds. Ms. Colebrook's physical therapist described her condition as chronic and unimproved, even after Ms. Colebrook ceased working. Ms. Colebrook made few efforts to obtain other employment, and receives [s]ocial [s]ecurity disability benefits based on these injuries, and other unrelated medical conditions.
*795 The only rebuttal offered by the Employer is the testimony of a vocational rehabilitation specialist who testified that Ms. Colebrook should have been able to continue working for the Employer as an assembler because this was a light[-]duty position that fit within her restrictions. This expert did not, apparently, identify any other suitable jobs for which Ms. Colebrook was qualified.
In trying to determine whether and to what extent Ms. Colebrook has sustained a loss-of-use of her upper extremities[,] which exceeds her functional impairment, "a variety of evidence is relevant," and "a worker making this claim must convince the Commission that employment comparable to [her] occupation prior to the time of injury was no longer attainable." [citation omitted]. "[She] might not have to prove that [s]he actually looked" for work elsewhere, but the claimant "must present relevant evidence that [she] could not perform the jobs within [her] normal occupation—or occupations.

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Cite This Page — Counsel Stack

Bluebook (online)
995 So. 2d 791, 2008 WL 1947085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-elec-automotive-inc-v-colebrook-missctapp-2008.