342 So.3d 481
Miss. Ct. App.2022Background
- J.W. Duren fell at work on July 14, 2016, suffered L3-L4 and L4-L5 disc herniations, and was treated by orthopaedist Dr. Graham Calvert (microdiscectomy December 2016).
- Dr. Calvert placed Duren at MMI on March 10, 2017, assigned a whole-body impairment rating (initially 3%, later acknowledged cumulative ratings of 6–8%), and released him to full duty; Employer/Carrier paid TTD through March 10, 2017.
- After returning to work Duren experienced pain, was terminated March 17, 2017, and sought further care at Mallory Health Center (nurse practitioner Roberts) and later IMEs with Drs. Blount, Davis, and Sloan (Blount: 8% and MMI March 10, 2017; Davis: agreed MMI March 10, 2017; Sloan: 14% and MMI Feb 20, 2020).
- AJ denied permanent-partial disability, denied additional TTD after March 10, 2017, and disallowed payment for post‑MMI treatments/medications from Mallory Health Center; Commission affirmed.
- The AJ credited Calvert/Davis/Blount medical opinions over those of Roberts and Sloan, finding Duren’s subjective pain complaints not credible and insufficient to prove a compensable disability or loss of wage-earning capacity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Duren proved a compensable permanent partial disability / loss of wage-earning capacity | Duren argued medical evidence (including IMEs) shows permanent impairment and job loss caused by injury | Employer/Carrier argued treating and independent specialists show MMI and no permanent impairment causing wage loss | Denied — Commission/AJ found insufficient credible medical proof of permanent disability and Duren failed to overcome presumption of no wage-loss |
| Whether TTD should extend past March 10, 2017 | Duren relied on Dr. Sloan (MMI Feb 20, 2020) to claim extended TTD | Employer/Carrier relied on Calvert/Blount/Davis finding MMI March 10, 2017 | Denied — substantial evidence supports MMI March 10, 2017; Sloan given little weight |
| Whether Employer/Carrier must pay for post‑MMI Mallory Health Center treatments, medications, and mileage | Duren: Calvert/Blount later recommended continued pain management/rehab; Mallory prescriptions reasonable and necessary | Employer/Carrier: Mallory provider was outside authorized treating providers; imaging/experts show no structural cause for ongoing pain | Denied — AJ/Commission found Mallory treatments not reasonable/necessary after MMI; no reimbursement |
| Whether the AJ/Commission improperly ignored or failed to weigh submitted evidence | Duren claimed AJ omitted IME/addenda, PT report, scans | Employer/Carrier: AJ had record and weighed conflicting evidence; some documents not submitted at hearing | Denied — court held AJ adequately considered admitted evidence; missing documents were not in record |
Key Cases Cited
- Gregg v. Natchez Trace Elec. Power Ass'n, 64 So. 3d 473 (Miss. 2011) (defines disability as physical injury plus loss of wage-earning capacity)
- Lott v. Hudspeth Ctr., 26 So. 3d 1044 (Miss. 2010) (must find statutory disability before analyzing wage-earning capacity)
- Mabus v. Mueller Indus. Inc., 205 So. 3d 677 (Miss. Ct. App. 2016) (review when Commission adopts AJ findings)
- Weathersby v. Miss. Baptist Health Sys. Inc., 195 So. 3d 877 (Miss. Ct. App. 2016) (Commission resolves conflicting medical testimony)
- Flowers v. Crown Cork & Seal USA Inc., 167 So. 3d 188 (Miss. 2014) (temporary disability tied to healing period until MMI)
- Wagner v. Hancock Med. Ctr., 825 So. 2d 703 (Miss. Ct. App. 2002) (subjective pain can support disability if credible)
- Kroger Co. v. Pybus, 327 So. 3d 678 (Miss. Ct. App. 2021) (factors making post-injury earnings an unreliable indicator)
- Raytheon Aerospace Support Servs. v. Miller, 861 So. 2d 330 (Miss. 2003) (affirming Commission where expert evidence conflicts)