Levi Strauss & Co. v. Studaway

930 So. 2d 481, 2006 WL 1460667
CourtCourt of Appeals of Mississippi
DecidedMay 30, 2006
Docket2005-WC-01212-COA
StatusPublished
Cited by9 cases

This text of 930 So. 2d 481 (Levi Strauss & Co. v. Studaway) 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
Levi Strauss & Co. v. Studaway, 930 So. 2d 481, 2006 WL 1460667 (Mich. Ct. App. 2006).

Opinion

930 So.2d 481 (2006)

LEVI STRAUSS & CO. and Old Republic Insurance Company, Appellants
v.
Staniece STUDAWAY, Appellee.

No. 2005-WC-01212-COA.

Court of Appeals of Mississippi.

May 30, 2006.

*482 P. Sharkey Burke, Marsha G. Lay, Ridgeland, attorneys for appellants.

Michael M. Williams, Jackson, attorney for appellee.

Before KING, C.J., CHANDLER and ISHEE, JJ.

ISHEE, J., for the Court.

¶ 1. On January 8, 2002, Staniece Studaway was injured while handling cartons for her employer, Levi Strauss & Company (Levi). The Mississippi Workers' Compensation Commission (Commission) determined that Studaway sustained a 50 percent industrial loss of use in her right arm, and awarded her permanent partial disability benefits. The Circuit Court of Madison County affirmed. Aggrieved, Levi and Old Republic Insurance Company (hereinafter collectively referred to as "Employer") appeal, asserting the following issues:

I. Whether the Commission award is contrary to the law.
II. Whether the award of the Commission was supported by substantial evidence.
III. Whether the award of the Commission was arbitrary and capricious.
IV. Whether the Commission erred in its application of the concept of loss of *483 wage-earning capacity in a scheduled member case.
V. Whether Studaway was entitled to benefits beyond the medical impairment rating cited in the record.
a. Whether the Commission erroneously increased Studaway's loss of industrial use based on a showing that there were other jobs, unrelated to Studaway's employment at the time of injury, for which Studaway might be qualified.
b. Whether the Commission failed to properly consider that Studaway resumed functioning at the same or a similar job, for the same employer, while earning more money.

¶ 2. After reviewing the record and briefs in this case, we affirm the decision of the circuit court.

FACTS

¶ 3. Studaway was fifty-one years of age at the time of the Commission's decision. She graduated from high school in 1971 and attended college courses for operating room technicians, but never worked in that field. Prior to her employment with Levi, Studaway worked at the Hinds County Comprehensive Health Center as an assistant to a social worker, but was never trained to be a social worker. Studaway also worked for the Valley North YMCA as a teacher's assistant in the after-school program. Her duties included watching children from noon until 8:00 p.m., helping them with their homework, feeding them, and supervising their play. The after-school program was federally funded, and the grant ended. For a period of time, Studaway also worked for Syndyne, an automobile supplier that made harnesses for Ford vehicles, however, that employment ended.

¶ 4. Studaway began working for Levi on June 1, 1981. During the course of her employment with Levi, Studaway held numerous positions, including pick packer, receiving clerk, and accuracy auditor. As a pick packer, Studaway's duties included filling various orders for clothing items manufactured by Levi; she was required to be able to frequently lift forty pounds, and occasionally up to sixty pounds. Studaway held this position for approximately six years. Studaway's next position, receiving clerk, required that she be able to lift up to sixty pounds. She held this job for approximately three years. Studaway then became an accuracy auditor for Levi, where she lifted cartons weighing from fifty to sixty pounds; she held this position for two or three years. Studaway returned to the pick packer position in 1988, and remained in that position until 1995. She then returned to her position as receiving clerk from 1995 until 2001. For a brief period, Studaway worked as a seconds/irregulars processor; however, this position was eliminated shortly thereafter.

¶ 5. Studaway then moved to the shipping area work station (SAWS) department. Her position in the SAWS department required her to constantly lift and stack cartons weighing up to seventy pounds. She earned $9.89 per hour. On January 8, 2002, Studaway sustained an admittedly compensable injury to her right shoulder throwing a carton across the line.

¶ 6. Studaway's injury required surgery and therapy. Her primary care physician, Dr. Barry Munn, performed the shoulder surgery. When Dr. Munn was called into active military service, Dr. Van Temple took over as Studaway's primary physician. Studaway was released to return to work on October 8, 2002, with the understanding that she was restricted to light duty, with no lifting more than ten pounds frequently and no pushing or pulling more than twenty pounds for a work week of forty hours.

*484 ¶ 7. When Studaway returned to work for Levi, she was placed in a different position as a re-inducter in the universal work center (UWC) of the SAWS department. There was only one other worker with Studaway in the UWC. Although Studaway earned $10.81 per hour in her new position, this was due to a union negotiated, across-the-board pay increase. Her new position did not involve lifting, but it did require overtime. When Studaway was scheduled to work overtime, but did not report to work for the overtime, she was sent to her supervisor's office to be disciplined. Fortunately, her supervisor received confirmation from Dr. Temple that Studaway was restricted to a forty-hour work week.

¶ 8. Studaway testified that, before her injury, she earned grade-three level pay, including overtime pay; since her injury, however, she could not earn overtime pay, and was no longer able to bid for other, higher-paying positions with Levi. Studaway further testified that she no longer lifts items as she could before her injury, and that she is unable to perform household duties or similar physical activities. Moreover, Studaway testified that overuse of her right arm results in pain, and that she continues to take prescription medication and use an electrical stimulator for her injury.

¶ 9. The administrative judge determined that Studaway sustained a 50 percent industrial loss of use in her right arm, and awarded her permanent partial disability benefits of $271.90 beginning October 10, 2002, and continuing for a period of 100 weeks. The Commission affirmed the order of the administrative judge on November 29, 2004, and the Circuit Court of Madison County entered an order affirming the Commission on May 27, 2005.

STANDARD OF REVIEW

¶ 10. This Court's scope of review is limited to a determination of whether the decision of the Commission is supported by substantial evidence. Westmoreland v. Landmark Furniture, Inc., 752 So.2d 444, 447(¶ 7) (Miss.Ct.App.1999). The Commission sits as the ultimate finder of fact; its findings are subject to normal, deferential standards upon review. Natchez Equip. Co. v. Gibbs, 623 So.2d 270, 273 (Miss.1993). We will only reverse the Commission's rulings where findings of fact are unsupported by substantial evidence, matters of law are clearly erroneous, or the decision was arbitrary and capricious. Westmoreland, 752 So.2d at 448(¶ 8); Hale v. Ruleville Health Care Ctr., 687 So.2d 1221, 1225 (Miss.1997).

ISSUES AND ANALYSIS

I. Whether the Commission award is contrary to the law.
II. Whether the award of the Commission was supported by substantial evidence.
III. Whether the award of the Commission was arbitrary and capricious.
IV.

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930 So. 2d 481, 2006 WL 1460667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levi-strauss-co-v-studaway-missctapp-2006.