MWCC NO. 98 02746-G-4776-A

JOYCE JACKSON                                                                                                                                                                                             CLAIMANT

VS.

MULTICRAFT INTERNATIONAL                                                                                                                                                                   EMPLOYER
AND
MISSISSIPPI MANUFACTURERS ASSOCIATION
WORKERS' COMPENSATION GROUP                                                                                                                                                             CARRIER

APPEARING FOR THE CLAIMANT:
The Honorable Yancy B. Burns, Attorney at Law, Jackson, Mississippi

APPEARING FOR THE EMPLOYER AND CARRIER:
The Honorable Holly Smalling, Attorney at Law, Jackson, Mississippi

The Commission heard the above styled cause on October 1, 2001 in the offices of the Mississippi Workers' Compensation Commission in Jackson, Mississippi on the employer and carrier's "Petition for Review".

Having heard the arguments offered on behalf of the parties and having thoroughly studied the record and the applicable law, the Commission affirms the "Opinion of the Administrative judge" dated June 19, 2001 in part and reverses in part and renders.

The Commission finds that the Administrative judge's opinion is due to be affirmed in the following particulars:

1. The record supports the Administrative judge's finding that the claimant was temporarily and totally disabled for a period from January 14, 1998 through July 6, 1998, and that she was entitled to receive $178.53 during each week of her temporary total disability, with the employer and carrier receiving credit for payments made to the claimant during this period.

2. The record supports the Administrative Judge's finding that the employer and carrier should be held fiscally responsible for the charges of Dr. Goel, even though recognizing that Dr. Goel was without the chain of referrals. Dr. Goel's testimony added a counter-point to the testimony of the treating physician and broadens the scope of inquiry relative to this claim.

3. The record supports the Administrative Judge's finding that the claimant's loss of industrial use to her right arm did not exceed the medical impairment rating assigned by Dr. Goel (200/o to the upper right extremity).

The Commission finds that the Administrative Judge's opinion is due to be reversed in the following particulars:

1.The Commission finds no support for the Administrative Judge's award of temporary partial disability benefits for the period from July 7, 1998 through October 28, 1999. On the contrary, there are no facts to support the Administrative judge's conclusion that the claimant could work a 20 hour week during this period of time. Nor are there any facts which contradict the testimony of Stacie Welch, employee relations manager for the employer, that there was light duty available for the claimant from July 7, 1998 through October 28, 1999 at Multicraft. This is a significant point in light of the claimant's own testimony that she did not contact the employer about work until November 1999.

2. The Commission finds no support for the Administrative judge's award of permanent partial disability benefits based on an impairment to the claimant's left arm. There is no significant medical testimony which relates the left arm condition to the work environment at Multicraft. To the contrary, the claimant's first complaint of left arm pain was determined not to be severe; thus the claimant was released to full duty by her treating physician on October 28, 1999. In December of 1999 the treating physician opined that he doubted that the claimant was developing carpal tunnel syndrome on her left. (Even so, she had not been engaged in work at Multicraft, or any other employer, since March of 1998.)

It is hereby ORDERED that the employer and carrier provide to the claimant the following workers' compensation benefits:

1. Temporary total disability benefit payments in the amount of $178.53 each week, beginning on january 14, 1998, and continuing through july 6, 1998, with the employer and carrier to receive credit for any previous payments of indemnity during this period;

2. Permanent partial disability benefit payments in the amount of $178.53 each week, beginning on july 7, 1998 and continuing for forty (40) weeks;

3. Penalties and interest on any due and unpaid compensation benefits; and

4. Reasonable and necessary medical services and supplies as required by the nature of the claimant's right upper extremity injury and the process of her recovery therefrom, pursuant to Mississippi Code Annotated, § 71-3-15 (1972) (Rev. 2000) and the Commission's Medical Fee Schedule, including services rendered by Dr. Goel consistent with the findings listed above.

SO ORDERED, this the 2nd day of October. 2001.

MISSISSIPPI WORKERS' COMPENSATION COMMISSION
BY:  BEN BARRETT SMITH
BARNEY SCHOBY
LYDIA QUARLES
COMMISSIONERS

ATTEST:
Jo Ann McDonald, Secretary