Ladner v. Zachry Construction
130 So. 3d 1121
| Miss. Ct. App. | 2013Background
- Ladner, a scaffold builder for Zachry Construction since 2001, injured on December 27, 2006.
- He alleged post-injury work activities continued and included various duties while at the site safety trailer.
- Ladner saw doctors beginning January 31, 2007, with MMI achieved May 20, 2008, while continuing to work full duties at times.
- Zachry paid Ladner wages during the post-injury period and denied time off or compensation; Ladner later claimed wages were in lieu of compensation.
- Ladner petitioned to controvert on August 24, 2009 and sought benefits on December 14, 2009; statute of limitations was raised as a defense.
- AJ found Ladner’s wages were not in lieu of compensation; Commission reversed AJ, holding wages did not toll the statute, and Ladner’s claim was barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does wages paid in lieu toll the statute? | Ladner argues wages in lieu toll the two-year limit. | Zachry argues wages were not in lieu of compensation and did not toll. | Wages did not toll; claim barred. |
| Did Ladner earn his wages during post-injury work so as not to be in lieu? | Ladner contends he did not earn full wages due to limited work. | Zachry contends Ladner earned wages by performing post-injury duties. | Record supports wages not in lieu; earned wages during period. |
| What is the proper standard of review and applicable law? | Ladner argues liberal construction favors compensation; substantial evidence review applies. | Zachry asserts Commission findings supported by substantial evidence. | Court applying standard of review upholds Commission findings. |
Key Cases Cited
- Brown v. F.W. Woolworth Co., 348 So.2d 236 (Miss. 1977) (wages in lieu tolls statute of limitations)
- Parchman v. Amwood Products, Inc., 988 So.2d 346 (Miss. 2008) (continued salary may be in lieu of compensation when not earning wages)
- Lindsay Logging Inc. v. Watson, 44 So.3d 388 (Miss. Ct. App. 2010) (wages not in lieu when wage recognition tied to work performed)
- Fin. Inst. Ins. Serv. v. Hoy, 770 So.2d 994 (Miss. Ct. App. 2000) (liberally construed workers' compensation laws; doubt resolved in favor of compensation)
- Marshall Durbin Cos. v. Warren, 633 So.2d 1006 (Miss. 1994) (beneficial purposes of act; liberal construction)