midpage
Sign in to see your projects.
281 So.3d 31
Miss. Ct. App.
2018
Read the full case

Background

  • Rondie Loveless began experiencing right-foot pain around July 1, 2014, while working twelve-hour shifts at Cooper Tire; she did not report it immediately because the pain developed gradually and she could not identify a specific cause.
  • Initial evaluation (July–Sept 2014) included x‑rays and MRI showing edema and a stress fracture of the fourth and fifth proximal metatarsals; conservative treatment and a series of interventions followed, culminating in surgery (April 25, 2015) by Dr. Thorderson and later a second surgery (Jan. 8, 2016) by Dr. Gallagher.
  • Dr. Gallagher ultimately assigned permanent restrictions limiting standing/walking to four hours per day; Loveless was terminated from Cooper Tire on August 29, 2015.
  • Loveless filed a petition to controvert on June 8, 2015; an Administrative Judge (AJ) found Loveless made a prima facie showing of a compensable, work‑related foot injury and reserved the issue of extent of permanent disability for further proceedings.
  • The Workers’ Compensation Commission affirmed the AJ’s finding of compensability but remanded for further proceedings; Cooper Tire appealed the compensability finding.
  • The Court of Appeals dismissed Cooper Tire’s appeal for lack of jurisdiction because the Commission’s order was not final (issues of extent of disability remained reserved).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the Commission’s finding of a compensable, work‑related foot injury is appealable Loveless argued the AJ’s compensability finding should be upheld Cooper Tire contended compensability lacked sufficient medical causation evidence Appeal dismissed for lack of jurisdiction because Commission’s order was not final; further proceedings on extent of disability reserved

Key Cases Cited

  • Hamilton v. Southwire Co., 191 So. 3d 1275 (Miss. Ct. App. 2016) (appellate courts must address jurisdictional issues sua sponte)
  • Superior Mfg. Grp., Inc. v. Crabtree, 62 So. 3d 992 (Miss. Ct. App. 2011) (Commission’s order must be final to permit appeal)
  • G & S Auto Sales v. Walton, 180 So. 3d 778 (Miss. Ct. App. 2015) (final judgment defined as one disposing of all issues between parties)
  • Mayfield v. Advanced Disposal Servs. Miss. LLC, 119 So. 3d 1125 (Miss. Ct. App. 2013) (interlocutory orders of Commission are not appealable)
Read the full case

Case Details

Case Name: Cooper Tire & Rubber Company v. Rondie Loveless
Court Name: Court of Appeals of Mississippi
Date Published: Sep 18, 2018
Citations: 281 So.3d 31; 2017-WC-01667-COA
Docket Number: 2017-WC-01667-COA
Court Abbreviation: Miss. Ct. App.
Log In