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115 So. 3d 863
Miss. Ct. App.
2013
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Background

  • Adams was an LPN at River Region Health Systems Hospital earning about $387.65/week.
  • She fell on April 2, 2007, injuring her back while tending to a patient’s IV therapy.
  • She sought treatment immediately; initially off work 2–3 days, later placed on sedentary restrictions by January 2008.
  • Dr. Sessums restricted lifting to 10 pounds, limited sitting/standing, and reduced lumbar motion.
  • Dr. Moriarity and Dr. Vohra provided assessments with light-duty limits and impairment ratings; Dr. Sessums later considered pain in impairments.
  • In January 2008 Adams began sedentary work as a ward clerk, was later removed in April 2009, and she did not accept a full-time ward clerk role paying less than her LPN wages.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was Adams’s disability supported by substantial evidence given her job search? Adams proved disability with medical opinions and limited job search. Employer showed partial or no wage-earning loss; search was insufficient. Yes; substantial evidence supported disability and reasonable job search.
Did the Commission properly weigh medical testimony? Treating physician Sessums’s opinion should be controlling. Conflict between Sessums and Vohra; weighing lies with Commission. Yes; Commission reasonably favored Sessums’s opinion.
Was the decision supported by substantial evidence overall? Medical evidence plus limited job search established disability. Conflicting evidence undermines total disability finding. Yes; substantial evidence supports the Commission’s permanent total disability ruling.

Key Cases Cited

  • Ameristar Casino-Vicksburg v. Rawls, 2 So.3d 675 (Miss.Ct.App.2008) (prima facie case of work disability; limited job options considered)
  • Moore’s Feed Store, Inc. v. Hurd, 100 So.3d 1011 (Miss.Ct.App.2012) (scope of review for substantial evidence in workers’ comp)
  • Smith v. Tronox LLC, 76 So.3d 774 (Miss.Ct.App.2011) (ultimate fact-finder; review of medical testimony)
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Case Details

Case Name: River Region Health Systems v. Adams
Court Name: Court of Appeals of Mississippi
Date Published: Jun 4, 2013
Citations: 115 So. 3d 863; 2013 Miss. App. LEXIS 308; 2013 WL 2402918; No. 2012-WC-00961-COA
Docket Number: No. 2012-WC-00961-COA
Court Abbreviation: Miss. Ct. App.
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    River Region Health Systems v. Adams, 115 So. 3d 863