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Mississippi: Worker With Partial Impairment Nevertheless Entitled to PTD Benefits

January 15, 2016 (1 min read)







A Mississippi appellate court affirmed a Commission finding that an injured worker was entitled to permanent total disability benefits in spite of medical evidence that an IME physician had assigned only an 11 percent impairment rating to the worker’s body as a whole and had opined that the claimant could perform medium-duty work and limited to the rare lifting of no greater than 40 pounds. The court said it was appropriate for the Commission to consider the fact that the employer had refused to rehire the worker within his restrictions and that the worker had made a valid, though unsuccessful, job search within his restrictions. The Commission also considered the claimant’s age, education, permanent work restrictions, geographical location, past work experience, loss of access to the job market, and his lack of computer, clerical, or sales experience. Substantial evidence supported the Commission’s ruling.

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

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to

See Howard Indus., Inc. v. Satcher, 2016 Miss. App. LEXIS 1 (Jan. 5, 2016) [2016 Miss. App. LEXIS 1 (Jan. 5, 2016)]

See generally Larson’s Workers’ Compensation Law, § 83.01 [83.01]

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









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