Flowers v. Crown Cork & Seal USA, Inc., 167 So. 3d 188

In Aug. 2007 Flowers suffered a work-related foot injury (ganglion cyst and bone spurring) and was treated by Dr. Varva and later Dr. Webster; Dr. Varva advised against returning to work but released him Dec. 3, 2007; Dr. Webster cleared him on Jan. 14, 2008 if he wore an orthotic but said MMI had not been reached.
Crown obtained a vocational evaluation and independent medical exam concluding Flowers could not safely perform his usual, physically demanding job; Crown refused to rehire him after Dr. Webster’s clearance.
ALJ and the Workers’ Compensation Commission ended temporary total disability (TTD) benefits as of Jan. 14, 2008 (date of Dr. Webster’s clearance) and denied permanent disability benefits for the foot injury because no impairment rating/M M I had been assigned.
The Court of Appeals reversed, holding TTD should continue until Flowers reached maximum medical improvement (MMI); it also affirmed the Commission’s award for a separate 1996 back injury.
The Mississippi Supreme Court granted certiorari, agreed with the Court of Appeals’ outcome but on different legal grounds, and remanded for the Commission to determine when Flowers reached MMI and whether permanent benefits are due.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether TTD continues until MMI or ends when claimant is cleared to return to work	Flowers: TTD should continue until a medical determination of MMI because he had not reached MMI on Jan. 14, 2008	Crown: TTD properly ended when Dr. Webster cleared Flowers to return to work	Held: TTD does not automatically end on medical clearance; it ends when claimant no longer suffers total incapacity to earn wages. Here, because Flowers was unable to return to his usual work (Crown refused to rehire and employer doctors said he could not perform the job), TTD continues until MMI; remanded to determine date of MMI
Whether Flowers failed to present medical evidence of permanent disability for the foot injury	Flowers: permanent benefits should be considered after MMI; Crown’s refusal to rehire supports finding of disability once MMI reached	Crown: no impairment rating or restrictions were assigned, so no permanent disability shown	Held: Case not ripe for permanent benefits because MMI not yet determined; once Commission finds date of MMI it must evaluate whether permanent disability exists (Jordan rule applies if MMI reached and employer refused reinstatement)

J.F. Crowe Well Servicing Contractor v. Fielder, 80 So.2d 29 (Miss. 1955) (return-to-work attempt does not necessarily end temporary total disability; TTD continues until MMI when claimant remains unable to perform usual work)
McGowan v. Orleans Furniture, Inc., 586 So.2d 163 (Miss. 1991) (MMI and duration of temporary disability are Commission determinations based on medical and lay testimony)
Triangle Distrib. v. Russell, 268 So.2d 911 (Miss. 1972) (temporary disability refers to the healing period until maximum benefit from treatment)
Howard Indus. v. Robinson, 846 So.2d 245 (Miss. Ct. App. 2002) (retaining wage-earning capacity and working while healing constitutes temporary partial, not total, disability)
Jordan v. Hercules, 600 So.2d 179 (Miss. 1992) (if claimant is at MMI and employer refuses reinstatement, claimant makes prima facie showing of total disability shifting burden to employer)