Lovett v. Delta Regional Medical Center, 157 So. 3d 88

Yvonne Lovett slipped and fell while working as a security guard at Delta Regional Medical Center and suffered back and right-knee injuries.
Months after returning to work she had dizziness and weakness and was later diagnosed with a transient ischemic attack (mini-stroke).
Delta paid medical costs and temporary disability; physicians assigned maximum medical improvement with a 5% whole-body impairment for the back and a 2% impairment to the right lower extremity (knee).
Lovett filed consolidated workers’ compensation claims for the slip-and-fall injuries and the later mini-stroke.
An administrative judge found a 30% loss of wage-earning capacity from the slip-and-fall but denied the mini-stroke claim and disallowed some later medical expenses; the Commission reversed the 30% wage-earning-capacity finding and disallowed treatment by two outside physicians.
The Mississippi Court of Appeals affirmed the Commission; the Supreme Court granted certiorari, affirmed in part, and remanded to require the Commission to award the 2% scheduled-member impairment for the right lower extremity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Lovett is entitled to a 2% disability to her right lower extremity	Lovett: she was assigned a 2% impairment and thus is entitled to scheduled-member compensation	Delta: contested responsibility for some treatments but did not successfully dispute the assigned 2% impairment	Court: Lovett is entitled to the 2% scheduled-member award; remand for entry of judgment on that award
Whether the Commission erred by reversing the AJ’s 30% loss of wage-earning capacity for the back	Lovett: AJ’s finding of 30% industrial loss should stand	Delta/Commission: reversal was supported by the record; insufficient substantial evidence for 30% loss	Court: substantial evidence supports the Commission’s reversal; affirms denial of 30% industrial loss
Whether certain physician treatment (Dr. Jenkins) was in the chain of referral (raised first in cert petition)	Lovett: treatment was within the chain of referral and should be compensated	Delta: treatment by outside doctors was not within requisite referral chain and not compensable	Court: issue was waived because raised first in petition for certiorari; not considered

Weatherspoon v. Croft Metals, Inc., 853 So.2d 776 (Miss. 2003) (standard for reversing Commission: lack of substantial evidence, arbitrary/capricious, or erroneous legal application)
Meridian Prof'l Baseball Club v. Jensen, 828 So.2d 740 (Miss. 2002) (distinguishes industrial wage-earning loss from functional/medical impairment; worker receives greater of the two)
Smith v. Jackson Constr. Co., 607 So.2d 1119 (Miss. 1992) (cited for loss-type distinction in workers’ compensation)
City of Laurel v. Guy, 58 So.3d 1223 (Miss. Ct. App. 2011) (worker always entitled to compensation for functional loss to a scheduled member)
Moreno v. State, 79 So.3d 508 (Miss. 2012) (issues raised first in certiorari are waived)