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Ford v. Magnolia Franchise Holdings, LLC
112 So. 3d 467
Miss. Ct. App.
2013
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Background

  • Ford injured his back in July 2007 at Aaron’s Furniture Rental in Clarksdale.
  • Treating physicians included Dr. Windham (neurosurgery) who cleared light work and later performed a lumbar laminectomy in March 2008.
  • Post-surgery, Ford continued pain; Dr. Richey and the MidSouth Pain Treatment team limited lifting to 20 pounds and standing/walking to occasional basis.
  • The Administrative Judge issued a June 2011 decision finding permanent partial disability with earning capacity at minimum wage, affirmed by the Commission in December 2011.
  • Ford sought treatment reimbursement and temporary total disability reinstatement in January 2012, and appealed the Commission’s order in January 2012.
  • The court affirmed the Commission’s finding of partial disability and declined to rule on a pending post-trial motion.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Ford proved total disability despite partial findings Ford relied on Jordan to show total disability after refusing reemployment. The Commission weighed all evidence and may sustain partial disability. Affirmed partial disability finding; substantial evidence supported the result.
Whether the post-trial motion should be decided on appeal Commission should rule on motion to compel treatment and reinstate benefits. Motion was not properly before the Court; no ruling in record. Not properly before the Court; no relief on these issues.

Key Cases Cited

  • Moore's Feed Store, Inc. v. Hurd, 100 So.3d 1011 (Miss.Ct.App.2012) (deferential review of Commission findings; substantial evidence standard)
  • Trim v. Trim, 33 So.3d 471 (Miss.2010) (evidence can support more than one reasonable interpretation)
  • F & F Constr. v. Holloway, 981 So.2d 329 (Miss.Ct.App.2008) (Commission is the ultimate fact-finder and weighs evidence)
  • Jordan v. Hercules, 600 So.2d 179 (Miss.1992) (prima facie total disability when employer refuses to rehire after recovery)
Read the full case

Case Details

Case Name: Ford v. Magnolia Franchise Holdings, LLC
Court Name: Court of Appeals of Mississippi
Date Published: Apr 2, 2013
Citation: 112 So. 3d 467
Docket Number: No. 2012-WC-00096-COA
Court Abbreviation: Miss. Ct. App.