Logan v. Klaussner Furniture Corp.

127 So. 3d 1138, 2013 WL 2402952, 2013 Miss. App. LEXIS 319
CourtCourt of Appeals of Mississippi
DecidedJune 4, 2013
DocketNo. 2012-WC-00429-COA
StatusPublished
Cited by3 cases

This text of 127 So. 3d 1138 (Logan v. Klaussner Furniture Corp.) 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
Logan v. Klaussner Furniture Corp., 127 So. 3d 1138, 2013 WL 2402952, 2013 Miss. App. LEXIS 319 (Mich. Ct. App. 2013).

Opinion

ISHEE, J.,

for the Court:

¶ 1. Bettye Logan was employed by the Klaussner Furniture Corporation d/b/a Bruce Furniture Industries (Klaussner). On October 9, 2003, Logan was injured when her foot became caught in some fabric fibers at work, and she fell. On the day of the accident, she saw Dr. Bruce Longest, who then referred her to Dr. Earnest B. Lowe Jr., an orthopedic surgeon.

¶ 2. On October 10, 2003, Logan visited Dr. Lowe. X-rays revealed that Logan had a fractured fibia and a spiral fracture of the tibia. Dr. Lowe treated Logan by [1140]*1140putting a east on her left leg and foot. He noted that her injury would likely take at least three months to heal.

¶ 3. On November 14, 2003, Logan visited Dr. Kim Stimpson, another orthopedist. Dr. Stimpson recommended that Logan continue to wear the cast and return in a month. He also advised her to continue on non-weight-bearing status. On January 9, 2004, Dr. Stimpson recommended a fracture brace to replace the cast. Dr. Stimp-son found that Logan would be unable to return to work from January 20, 2004, through March 20, 2004.

¶ 4. Logan visited Dr. Stimpson again on March 26, 2004. Although the fracture was healing, Logan had some lower-extremity edema in her foot below the fracture base. Dr. Stimpson recommended the removal of the fracture brace, range-of-motion exercises for her knee and ankle, and progressive weight bearing on her right leg. He further opined that Logan was unable to return to work from March 26, 2004, through May 26, 2004.

¶ 5. In an April 23, 2004 visit, Dr. Stimp-son noted that Logan continued to have pain and swelling in her left leg. His report stated: “This appears to be some neuralgia and is most likely secondary to her fracture brace that was applied quite tightly as we noticed at her last visit.” At this time, Logan was ambulatory but still walked with a limp and had significant weakness. Dr. Stimpson returned Logan to limited-work duty, which he suggested should be sitting work only, from April 24, 2004, until May 30, 2004. He later extended the recommendation from May 25, 2004, until July 25, 2004. During this time, Logan was not permitted to work more than two hours at a time and could not lift or push more than ten pounds.

¶ 6. Per Dr. Stimpson’s evaluation, Logan returned to light-duty work for Klaussner in May 2004. In August 2004, the plant manager suggested she take a different position within the plant. However, a new position would have paid less than the $560 per week she was making prior to the injury. In addition, Logan only had experience in the cutting room. Therefore, she took a voluntary layoff. Logan began receiving Social Security disability benefits in May 2005. She applied for other positions in October 2005, but was unsuccessful in finding employment. She has not applied for any jobs since that time.

¶7. At Logan’s last appointment with Dr. Stimpson, she continued to have problems with her leg, which Dr. Stimpson noted was consistent with anterior tibial nerve injury. Dr. Stimpson found that Logan’s recovery was not within what would normally be expected. He recommended that Logan continue her work restrictions, but opined that Logan would be at maximum medical improvement (MMI) by October 2004.

118. Dr. Stimpson then referred Logan to Cornerstone Rehabilitation to undergo an MMI evaluation and a functional capacity evaluation (FCE). On September 22, 2004, David Brick, an occupational therapist, conducted the FCE. He found there was no physical or functional reason that Logan could not perform the light-duty work required by Klaussner.

¶ 9. Hill Rehabilitation Services also performed an FCE on Logan since Logan had attended Hill Rehabilitation Services for physical therapy. She was discharged from physical therapy on September 7, 2004. However, she returned to Hill Rehabilitation Services for an FCE on February 28, 2005. The therapist performing the evaluation found that Logan still had problems with her leg; therefore, she was only suited for sedentary positions where [1141]*1141she was allowed to sit constantly and elevate her left leg.

¶ 10. Logan first saw Dr. Rommel Chil-dress, an orthopedic surgeon, on August 1, 2006. He ordered magnetic resonance imaging (MRI) tests on her hip and knee. On Logan’s August 21, 2007 visit, Dr. Chil-dress had reviewed the MRIs and found that Logan had a tear in the medial meniscus. He recommended that she use a cane or crutch and suggested some exercises for her knee. Dr. Childress advised Logan that she would need surgery to repair the tear but that this could be done on an elective basis.

¶ 11. Per her employer’s request, Logan visited Dr. Cooper Terry on February 9, 2009. At the time, Logan still had complaints regarding her knee. Dr. Terry opined that the knee pain and meniscal tear were related to Logan’s work injury. He also recommended a left knee arthros-copy. Logan had the surgery on July 18, 2009. As of September 23, 2009, Dr. Terry deemed Logan to have reached MMI. He assessed a 4% left-lower-extremity impairment and gave her no permanent work restrictions.

¶ 12. Logan filed a petition to controvert with the Mississippi Workers’ Compensation Commission on December 9, 2004. A hearing was held on August 12, 2010. Logan testified at the hearing. She stated that after the accident she had trouble completing daily activities because of her injury. At the time of the accident, Logan was living with her ailing mother, but the accident left her unable to care fully for her mother. Logan’s daughter, Ginnie Graham, had to help her with things such as grocery shopping and driving to doctor’s appointments. Logan stated that when she went to the grocery store, she had to hold on to the shopping cart the entire time and even sit down and rest on occasion. She also is unable to drive long distances. Logan further testified that she now lives with her daughter because “she helps me do several things I can’t do by myself.” With regard to employment, Logan stated she is unable to stand and cannot sit for extended periods without her leg and foot going numb.

¶ 13. Logan’s daughter, Graham, also testified. She stated that after Logan’s accident, she had to begin taking care of her mother and grandmother, as her mother could no longer complete daily activities or care for her ailing mother. According to Graham, Logan still has pain in her leg and cannot sit upright for more than two or three hours before her leg begins to swell.

¶ 14. Two vocational-rehabilitation experts testified as well. Logan’s expert, C. Lamar Crocker, stated that Logan has a 100% loss in the labor market. However, Klaussner’s expert, Jennifer Oubre, found that Logan has transferable skills and remains employable. Oubre asserted that Logan could perform customer service and receptionist-type positions. Although Ou-bre never met with Logan, she based her opinion on Logan’s medical records. However, Oubre admitted, after hearing the testimony of Logan and Logan’s daughter, that “if [their] testimony is true, then, yes, I would have to consider those [statements].” When asked, if the testimony were true whether that would change her mind, Oubre answered in the affirmative.

¶ 15. On July 29, 2011, the administrative judge (AJ) entered an order.

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Related

Bettye Logan v. Klaussner Furniture Corporation
238 So. 3d 1134 (Mississippi Supreme Court, 2018)
Logan v. Klaussner Furniture Corp.
238 So. 3d 1166 (Court of Appeals of Mississippi, 2016)

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Bluebook (online)
127 So. 3d 1138, 2013 WL 2402952, 2013 Miss. App. LEXIS 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-klaussner-furniture-corp-missctapp-2013.