MWCC NO. 99-04519-G-7041

CALVIN GREEN                                                                                                                                           CLAIMANT

vs.

B & D CABLE COMPANY                                                                                                                          EMPLOYER
AND
GRANITE STATE INSURANCE                                                                                                                    CARRIER

REPRESENTING CLAIMANT:
Honorable Horace Brewer, Jackson Mississippi

REPRESENTING DEFENDANT:
Honorable Richard M. Edmonson, Attorney at Law, Jackson, Mississippi

Having heard the arguments offered on behalf of the parties and having thoroughly studied the record and the applicable law, the Commission affirms the "Order of Administrative Judge" dated February 2, 2001.

SO ORDERED, this the 29th day of August, 2001.

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

ATTEST:
Jo Ann McDonald, Secretary

CALVIN GREEN                                                                                                                                           CLAIMANT

vs.

B & D CABLE COMPANY                                                                                                                          EMPLOYER
AND
GRANITE STATE INSURANCE                                                                                                                    CARRIER

REPRESENTING CLAIMANT:
Honorable Horace Brewer, Jackson Mississippi

REPRESENTING DEFENDANT:
Honorable Richard M. Edmonson, Attorney at Law, Jackson, Mississippi

2. The claimant reached maximum medical improvement on Septemberi 3,1 999,as stipulated by the parties.

3. The claimant has a 25% impairment rating to his right eye.

4. The claimant has been paid all temporary disability benefits to which he may be entitled as a result of the injury.

The sole issue to be decided by this Administrative Judge is the existence and extent of permanent disability attributable to the injury.

A hearing was held in this matter on September 25. 2000 at the Mississippi Workers' Compensation Commission in Jackson, Mississippi. The claimant testified in his own behalf and offered into evidence the deposition of Dr. Andrew Parent. The employer and carrier called Paul Harris and Randy Roussel as witnesses and offered into evidence videotapes and an investigative report. The medical records of Dr. Ching J. Chen; the deposition of Calvin Green; Claimant's Answers to Interrogatories and Claimant's First Supplemental Answers to Interrogatories were offered as General Exhibits.

The claimant is a 38 year old resident of Goodman, Mississippi, who dropped out of high school in the 10th grade, but later completed the requirements for a GED.  After receiving his GED, the claimant received an Associate's Degree in Electronics Technology from Phillips College in Jackson.  The claimant also served in the military, where he received in Electronic Munitions.

The claimant's employment history consists of work for Big Three Electronics in Odessa, Texas as an electrician's helper for approximately 1 1/2 years. He also worked for the Jackson Public School District as a tire technician. Additionally, the claimant has worked for several employers as an electronic's technician and satellite dish installer. For approximately two years, the claimant was self-employed as a satellite dish installer through a company called Camp Cable Concept.

Claimant testified that he was hired by B & D Cable as a cable installer in 1998. His job duties included utilizing his own vehicle to drive to the job site, where he would install cable systems in individual homes. He testified that the employer provided a ladder and some installation equipment, although he generally used his own tools on the job. He stated that his supervisor at B & D was Paul Harris and the owner of the company was Randy Roussel.

Claimant testified that on the date of the accident in question, he was working on a customer's cable located on Manchester street in Jackson. Specifically, he was working on a cable box which was located on the mid-span of the cable. The claimant stated that he leaned his ladder up against the mid-span in order to work on the cable box. While he was at the top of the ladder, the mid-span buckled and he was thrown off of the ladder, falling approximately 35 feet to the street below and landing almost directly on his head.

Claimant testified that he was transported to the University Hospital where he remained for several days. He was treated for a skull fracture and swelling of his brain, in addition to problems with his shoulders and one of his hands. Claimant said he returned to work for the employer in May, 1999, but was not able to resume duties as an installer. He was instead assigned light duty work as a quality controller and supervisor's assistant. He checked work that others performed and assisted installers with parts, picked up deliveries and issued cable equipment. Claimant testified that he had attendance problems because of difficulty with his vision and his headaches.

Claimant testified that it became increasingly difficult to perform his work duties, particularly driving. Claimant said that he drove his personal vehicle while working, and, on numerous occasions, his vision problems caused "close calls" while driving. In August or September, 1999, he had a motor vehicle accident while working in Jackson. Claimant testified that because of his inability to determine distance he was unable to see the other vehicle approaching the intersection. Claimant said he reported this to the company's office manager. Additionally, he told Paul Harris and Randy Roussel.

Claimant testified that in or about September, 1999, the employer again changed his job duties. He then began driving to customers' homes to collect on delinquent accounts. Claimant testified that he reported his inability to drive, and, in or about October, 1 999, he ceased attempting to perform these job duties.

Claimant testified that since October, 1999, he has sought other employment through the Mississippi Employment Security Commission but has received no referrals. He testified that he has worked on his own installing small satellite dishes. He stated he does not climb, but instead installs the equipment at head level on the sides of houses. As of the date of the hearing, claimant had installed approximately 30 dishes and had earned approximately $1,800 or $60.00 a dish.

Claimant testified that he continues to experience headaches, loss of balance, dizziness with confusion, numbness on his face and head and experiences head, hands, knee and back pain. He cannot see out of his right eye and has begun to see shadows" from his left eye. He further testified that exertion increases his headaches and dizziness. Claimant said he only drives in the rural areas within two to three miles of his home. Claimant testified that he last received medical treatment at the hands of Dr. Parent on or about September 13, 1999, and Dr. Chen on or about April 13, 2000.

Paul Harris, claimant's supervisor at B & D Cable, testified on behalf of the employer and carrier. Mr. Harris testified that the claimant worked as his assistant when he returned to work for the employer in April or May, 1999, although he had an attendance problem and he was eventually moved to the collection department where he worked on a commission basis. Mr. Harris stated that, to his knowledge, the claimant simply quit coming to work some time in October, 1999, although he was never informed as to why the claimant had left. However, he was aware of several motor vehicle accidents in which the claimant had been involved and that those accidents took place both before and after his fall on March 23, 1999.

Randy Roussel, the owner of B & D Cable, testified on behalf of the employer as well. He testified that the claimant's job as supervisor's helper was a light duty position. Mr. Roussel said the claimant was being paid $100.00 more per week to perform that job than he had been paid to work as a cable installer. He reiterated Mr. Harris' testimony that the claimant began having attendance problems after he returned to work and that he would go several days without coming to work or calling in to explain his absences. Mr. Roussel stated that they eventually moved the claimant to collections because such would involve working on a commission basis and he could work as much or as little as he desired. Mr. Roussel also testified that the claimant would have had an opportunity to make up to $1 ,000.0O per week in collections if he had continued working, although he never came back to work. He likewise testified that he was aware of motor vehicle accidents in which the claimant had been involved both before and after the fall on March 23, 1 999. Furthermore, he was unaware of any physical problems which the claimant may have been experiencing in performing his job as a supervisor's assistant, although he admitted that he was aware that the claimant had reported to a secretary at B & D Cable that he was having problems driving.

The medical deposition of Dr. Andrew Parent was introduced into evidence as Claimant's Exhibit No. 1. Dr. Parent testified that he examined the claimant on March 23, 1 999, at the University Hospital after the claimant fell from a ladder "landing onto concrete with a question of loss of consciousness." He stated that objective studies and his evaluation revealed multiple abrasions and a small laceration to the right side of the claimant's face, in addition to some swelling around his right eye and a fracture involving the left squama temporalis bone extending through the left orbital floor and left maxillary sinus. There was evidence of air inside the head indicating that the covering of the brain had been torn as a result of claimant's injury. The claimant was admitted to the hospital and placed in the neurosurgical intensive care unit with close observation. He stated that, in essence, the claimant had sustained a traumatic injury to his right optic nerve. Dr. Parent testified that the claimant was discharged from the hospital on or about March 26, 1 999 and he saw the claimant for several follow- up visits. He stated that on August 23, 1 999, he noted that the claimant was blind in his right eye and that he was complaining of headaches. Further, tests performed on August 30, 1 999 revealed that the claimant had a marked diminishment of his right visual field, although the remainder of his neurologic examination was essentially normal.

Dr. Parent testified that he last saw the claimant on or about September 1 3, 1 999, at which time he gave the claimant four separate diagnoses: a status post- complex anterior skull base fracture; a traumatic right optic neuropathy; a trigeminal nerve injury secondary to skull fracture; and post-traumatic headaches.

Dr. Parent went on to elaborate on how the claimant's fall resulted in "a very extensive fracture" which caused injuries to the optic nerve and the trigeminal nerve, two of the twelve pairs of cranial nerves that emerge directly from the brain. He explained these are separate nerves and are not related nerves and the injuries are separate injuries with separate results. He testified the optic nerve injury affects claimant's vision and the trigeminal nerve injury affects claimant's head. He testified that the lining of the brain is innervated by the trigeminal nerve and the compromise of that nerve could be a source of claimant's numbness and pain as it is the received of sensation for the entire face. He also testified that the damage to the trigeminal nerve could be the source of claimant's headaches, but the headaches could also be of vascular etiology.

Dr. Parent testified that the claimant reached maximum medical improvement on September 13, 1999 with a 25% permanent anatomical impairment rating to his optic nerve and a 14% anatomical impairment rating to his cranial nerve. With regard to the effect of the impairment due to the optic nerve injury, Dr. Parent stated:

"...And with only one eye to see, the ability to see depth is impaired, and so I spoke to him about the possibility that he might have difficulty with things that require depth perception or that might require appreciation of things that are of little space.

With only one eye, you don't necessarily — because of the absence of the phenomenon of parallax, you don't have the ability to see necessarily where things are. And this becomes important in terms of if you are dealing with going in and out of things or if you are on — if you are working at an elevated level and you're relying upon your vision to maintain your balance, and things of this nature sometimes are compromised."

Q. Assume~that the man's job required that he climb ladders to perform his job duties. What recommendations would you make with regard to his returning to that type employment?

A. We would probably- if his visual deficit persisted, I would think that would be an activity that would be discouraged.

Q. Okay. What about driving a motor vehicle: Would he have - what would be your opinion as to whether or not he be impaired as far as driving a motor vehicle?

A. He probably could drive on country roads, but in heavy traffic or in the middle of a storm or at nighttime, he probably should be discouraged from driving.

Finally, copies of surveillance tapes from Alpha Investigative Agency were introduced into evidence as Employer Exhibits Nos. 6 and 7. The surveillance tapes showed the claimant driving his vehicle in what appeared to be a local country setting. Additionally, the claimant was shown driving to the post office and to Taco Bell in what appeared to be a small local town setting.

Having heard the evidence presented by the parties and having considered same, I base the following findings on a preponderance of the evidence, including medical proof as required by the Act:

1. Claimant suffered a compensable work-related injury on March 23,1999.

2. Claimant's date of maximum medical improvement was September 13,1999, as stipulated by the parties.

3. Claimant's average weekly wage on the date of injury was $350.00, as stipulated by the parties.

4. Claimant has a 25% anatomical rating to the right eye, as stipulated by the parties.

5. Claimant has been paid all temporary total disability benefits that he is entitled to as a result of his injury, as stipulated by the parties.

6. A preponderance of the evidence shows that the claimant suffered a severe head injury with extensive consequences. In addition to the 25% impairment to claimant's optic nerve, claimant's physician also assigned a 14% impairment to a second cranial nerve, the trigeminal nerve. Dr. Parent testified with regards to the extensive symptoms which have resulted from the claimant's work- related injury as well as his driving limitations. Additionally, the claimant testified that he continues to experience headaches, loss of balance, numbness, and dizziness with confusion.

The evidence establishes that the claimant cannot return to the employment duties that he performed prior to his injury. The medical evidence shows that the physical requirements of claimant's pre-injury employment are outside of his physical restrictions. After the accident, the employer twice changed claimant's job title and duties, and claimant did unsuccessfully attempt to perform those duties. Since ceasing his attempt to work for the employer, the claimant has unsuccessfully sought work through the Mississippi Employment Security commission, and he has worked and earned some wages on his own. However, the work that he has performed has been sporadic and of an unpredictable nature.

At the time of his accident and during his attempt to resume work for the employer after the accident, the claimant was working in Jackson and Clinton. According to the medical evidence, the claimant should avoid the type of driving required to seek and maintain employment in Jackson or Clinton. It was stated however, that the claimant "could probably drive on country roads." The evidence shows that the claimant resides in Goodman, Mississippi, where employment opportunities are far less prevalent.

Considering the evidence as a whole, including but not limited to the claimant's age, education, training, work history, physical impairments and restrictions and continued loss of balance, dizziness and numbness of the face and head, I find that the claimant has suffered a permanent total disability as a result of his work-related injury.

7. The claimant, having suffered a compensable injury, is entitled to reasonable and necessary medical services and supplies and by law the employer and carrier are obligated to furnish and provide the claimant with reasonable and necessary medical services and supplies, such as the nature of his injury and the process of his recovery may require, consistent with Miss. Code Ann., Sec. 71-3-15(1972), as amended and the Medical Fee Schedule.

8. Claimant is entitle to penalties on each installment of compensation not timely paid the equivalent of 10% therefore as provided in Miss. Code Anno., Sec. 71-3-37 (5) (1972), together with the interest at the legal rate on all unpaid installments.

IT IS, THEREFORE, ORDERED that the employer and carrier shall pay compensation benefits as follows:

1. Pay to the claimant permanent total disability benefits in the amount of $233.35 a week beginning March 23, 1999, and continuing for a period of 450 weeks. There shall be added to each installment of benefits not timely paid the equivalent of 10% thereof as provided in Mississippi Code Annotated Section 71-3-37(5)(1 972). The employer and carrier shall receive credit for any benefits heretofore paid to the claimant.

2. Furnish and provide the claimant with reasonable and necessary medical services and supplies such as the nature of his injury and the process of his recovery may require, consistent with Miss. Code Ann., Section 71-3-15 (1972), as amended and the Medical Fee Schedule.

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

MELBA DIXON
ACMINISTRATIVE JUDGE

ATTEST:
Jo Ann McDonald, Secretary