Moore's Feed Store, Inc. v. Hurd
100 So. 3d 1011
Miss. Ct. App.2012Background
- Hurd sustained a work-related knee injury at Moore’s Feed Store on June 14, 2007; Moore’s Feed Store paid medical costs and benefits through Grinspun’s release on August 16, 2007.
- Hurd later sought treatment from Dr. Lamar; Moore’s paid for Lamar’s evaluation but refused surgery.
- AJ found the injury compensable and that Moore’s consented to Lamar’s treatment under §71-3-15; Moore’s appealed.
- Hurd had pre-injury manual-labor history; post-injury, he limited standing, bending, and lifting per doctors.
- Hurd’s earning history included a lawn-mowing business; after injury, earnings fell significantly due to disability.
- Circuit court and Commission affirmed the AJ’s decision finding a compensable, course-of-employment injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consent to medical care under §71-3-15 | Moore’s consent not proven | Moore’s approval evidenced by payment for Lamar evaluation | Consent shown; award proper |
| Mitigation of earnings | Hurd sought suitable employment; not reckless | Employment efforts were insufficient or non-diligent | Substantial evidence supports total disability finding until surgery |
| Scope of employment | Injury occurred during routine duties | Not performing duties when injured | Injury arising in course and scope of employment; compensable |
Key Cases Cited
- Mosby v. Farm Fresh Catfish Co., 19 So.3d 789 (Miss.Ct.App.2009) (consent and referrals must be within the chain of referral)
- Wal-Mart Stores, Inc. v. Patrick, 5 So.3d 1119 (Miss.Ct.App.2008) (importance of employer approval for referrals within the chain of referral)
- Whirlpool Corp. v. Wilson, 952 So.2d 267 (Miss.Ct.App.2006) (scope of review in workers’ compensation cases; substantial evidence standard)
- Goolsby Trucking Co. v. Alexander, 982 So.2d 1013 (Miss.Ct.App.2008) (duty of claimant to seek other employment and standard for partial/no loss of wage-earning capacity)
- Anthony v. Town of Marion, 90 So.3d 682 (Miss.Ct.App.2012) (reviewing court defers to Commission on factual findings)
- Myles v. Rockwell Int’l, 445 So.2d 528 (Miss.1984) (standard for appellate weight of evidence in evaluation of findings)
- S. Cent. Bell Tel. Co. v. Aden, 474 So.2d 584 (Miss.1985) (general rule on reviewing factual determinations in workers’ comp)