Coulter v. Harvey

10 Citing cases

  1. Cook v. Casino

    740 So. 2d 963 (Miss. Ct. App. 1999)   Cited 8 times

    1992). Specifically, the employer and carrier propose that we adopt Coulter v. Harvey, 190 So.2d 894 (Miss. 1966) (skin rash "contact dermititus"); Thompson v. Wells-Lamont Corp., 362 So.2d 638 (Miss. 1978) (infectious asthma); Pontotoc Wire Products Co. v. Ferguson, 384 So.2d 601 (Miss.

  2. Piper Industries, Inc. v. Herod

    560 So. 2d 732 (Miss. 1990)   Cited 15 times
    In Piper, the Court's decision turned on the fact that the claimant's injury barred him from certain higher-paying jobs for which he had previously been qualified.

    Contact dermatitis may be an accidental injury within the Mississippi Workers' Compensation Act. See Miss. Code Ann. § 71-3-3(b) (1972); Hardin's Bakeries v. Ranager, 217 Miss. 463, 64 So.2d 705 (1953) (allergy resulting from contact with mitten used to handle hot pans was accidental injury); Christopher v. City Grill, 218 Miss. 638, 67 So.2d 694 (1953) (allergy caused by dish water soap used at cafe); See also, Coulter v. Harvey, 190 So.2d 894, 896 (Miss. 1966); Thyer Manufacturing Co. v. Mooney, 252 Miss. 629, 638, 173 So.2d 652, 656 (1965); Komp Equipment Co. v. Clinton, 236 Miss. 560, 565, 567-68, 111 So.2d 259, 260-61 (1959). In the case sub judice, the Commission found "both lay and medical evidence [to] establish that claimant developed an allergic reaction to sulfur dioxide which was permanent in nature and which prevents him from working for the employer.

  3. Sawyer v. Head, Dependents of

    510 So. 2d 472 (Miss. 1987)   Cited 34 times
    Involving workers' compensation case which held that error must be presented to commission and to circuit court through assignment of error by direct or cross appeal or would be procedurally barred from review

    In order to preserve a point for review by the Supreme Court, the point must be presented not only to the commission but also to the circuit court by an assignment of error there by direct or cross-appeal. Dunn, Mississippi Workmen's Compensation § 291 (2d edition 1967; 3rd edition 1982). Cf. Coulter v. Harvey, 190 So.2d 894 (Miss. 1966); Dixie Pine Products Company v. Bryant's Dependents, 228 Miss. 595, 89 So.2d 589 (1956). Although appellant states that this assignment "was perserved for appeal in the assignment of errors filed with the Circuit Court of Holmes County," we find no assignment presented to the circuit court wherein he specifically asserted it was error for the commission to hold that the death of Rufus Head arose out of and occurred within the course and scope of his employment.

  4. Pontotoc Wire Products Co. v. Ferguson

    384 So. 2d 601 (Miss. 1980)   Cited 30 times
    In Ferguson, 384 So.2d at 602, the employer appealed the Commission's finding that the claimant had suffered a loss of wage-earning capacity.

    1979); Thompson v. Wells-Lamont Corp.,supra; Compere's Nursing Home v. Biddy, 243 So.2d 412 (Miss. 1971); and Coulter v. Harvey, 190 So.2d 894 (Miss. 1966). The factual details of each of these must be examined, because "we cannot . . . delineate any hard and fast rule as to how many or exactly what type efforts a claimant must make in every case in order to establish `disability' within the purview of § 71-3-3(i)."

  5. Thompson v. Wells-Lamont Corp.

    362 So. 2d 638 (Miss. 1978)   Cited 40 times

    The question here involves her ability to procure another job within the area after reasonable efforts. Coulter v. Harvey, 190 So.2d 894, 897 (1966), held that a "claimant must seek, after the disability subsides, employment in another or different trade to earn his wages." The rationale of Coulter is that a disability such as contact dermatitis, which made it impossible for the claimant there to continue employment as a cement finisher due to his sensitivity to the chromates contained in the cement, would not render him incapable of working in all jobs, but only those involving contact with cement.

  6. Richey v. City of Tupelo

    361 So. 2d 995 (Miss. 1978)   Cited 17 times
    In Richey, an absence of medical finding of back or neck pain in conjunction with the injury to the claimant's shoulder was conclusive to only allow compensation for injury to the scheduled member.

    Consequently, the judgment of the lower court and the order of the Commission are reversed and judgment is entered here fixing appellant's permanent partial disability at one hundred percent (100%) loss of use of the right upper extremity and allowing permanent compensation benefits for two hundred (200) weeks. Appellees argue here that appellant has not sought employment of any kind since the date of his injury and that under Coulter v. Harvey, 190 So.2d 894 (Miss. 1966), he is not entitled to any award of permanent disability benefits. However, appellees did not cross-appeal and we do not consider that question.

  7. Compere's Nursing Home v. Biddy

    243 So. 2d 412 (Miss. 1971)   Cited 9 times

    (Emphasis added). In the case of Coulter v. Harvey, 190 So.2d 894, 897 (Miss. 1966) the Court said: We so hold in the instant case, as we are of the firm opinion that the legislative intent as to what constitutes `disability' is expressed in Mississippi Code Annotated section 6998-02(9) (Supp.

  8. Gulf Coast Drilling Exploration v. Permenter

    214 So. 2d 601 (Miss. 1968)   Cited 18 times

    1966), interpreted by Southern Pacific Lumber Co., Inc. supra, does not in our opinion contain any major differences in wording from the statute governing appeals from the Workmen's Compensation Commission. This would indicate that there was no legislative intent to limit the powers of circuit courts in appeals of Workmen's Compensation cases. Moreover, we rejected a similar contention of limitation of power in Coulter v. Harvey, 190 So.2d 894 (Miss. 1966). There it was contended that the provisions of Section 6998-26 required the circuit court on appeal to review the entire record in each compensation case appealed to it, whether errors are assigned or not, and if error is detected, it should correct the same and do that which the commission should have done.

  9. Moore v. Independent Life

    788 So. 2d 106 (Miss. Ct. App. 2001)   Cited 7 times
    In Moore v. Independent Life & Accident Ins. Co., 788 So. 2d 106, 112 (¶22) (Miss. Ct. App. 2001), this Court stated that "[e]ven though the testimony may be somewhat ambiguous as to causal connection, all that is necessary is that the medical findings support a causal connection."

    ¶ 31. Disability is defined as incapacity due to injury to earn the wages which the employee was receiving at the time of the injury in the same or other employment. Miss. Code Ann. § 71-3-3(i) (Rev. 2000). When there is a finding of permanent partial disability, the claimant bears the burden of making a prima facie showing that he has sought and been unable to find work in the same or other employment. Coulter v. Harvey, 190 So.2d 894, 897 (Miss. 1966); Miss Code Ann. § 71-3-3(i) (Rev. 2000). The factors to consider in deciding whether the claimant has made an attempt to find employment (a prima facie case of disability) are: (1) economic and industrial aspects of the local community, (2) the jobs available in the community, and (3) the claimant's general educational background, including work skills and the particular nature of the disability for which compensation is sought.

  10. International Paper Co. v. Greene

    773 So. 2d 399 (Miss. Ct. App. 2000)   Cited 3 times

    Generally, "a claimant must seek, after the disability subsides, employment in another or different trade to earn his wages." Coulter v. Harvey, 190 So.2d 894, 897 (Miss. 1966). The factors to consider in deciding whether the claimant has made an attempt to find employment are: (1) economic and industrial aspects of the local community, (2) the jobs available in the community, (3) the claimant's general educational background, including work skills and the particular nature of the disability for which compensation is sought.