MS Workers Compensation Accident or Injury - Scheduled Member

by Jay Foster, Mississippi Workers' Compensation Accident

Price asserts that McDonald v. I. C. Isaacs Newton Co., 879 So. 2d 486 (Miss. Ct.
App. 2004) is authoritative on this issue. In McDonald, this Court found that permanent total
disability benefits should have been awarded to a seamstress suffering from carpel tunnel
syndrome. Id. at 491 (¶¶22, 24). In its analysis, the supreme court applied the ruling in
Meridian Professional Baseball Club v. Jensen, 828 So. 2d 740 (Miss. 2002), which created
a rebuttable presumption of total occupational loss where the claimant is unable to earn the
same wages post-injury as they were pre-injury. McDonald, 879 So. 2d 491 (¶23). The
court in McDonald found the employer failed to rebut this presumption; thus, the seamstress
should have been awarded permanent total disability. Id. at 491 (¶¶22, 24).

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