Workers' Compensation

Mississippi: Claimant’s Return to Work for Seven Months Leads to Presumption of No Loss of Wage-Earning Capacity

The Workers Compensation Commission, on remand, erred in holding that an employee successfully rebutted the presumption that she was entitled to no permanent disability as a result of her brief return to accommodated employment because the employee returned to work at the employer full-time with the same job duties and expectations as before and with no accommodations for more than seven months, neither the employee's for-cause termination nor her lack of a more advanced degree related to any incapacity to earn wages “because of injury” under Miss. Code Ann. § 71-3-3(i) (Rev. 2011), and the employee failed to present substantial evidence to rebut the presumption that she sustained no loss of wage-earning capacity.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Hudspeth Reg'l Ctr. v. Mitchell, 2019 Miss. App. LEXIS 179 (Apr. 30, 2019)

See generally Larson’s Workers’ Compensation Law, § 81.01.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law