Smith v. Johnston Tombigbee Furniture Manufacturing Co.

29 Citing cases

  1. Ladner v. Zachry Constr.

    225 So. 3d 580 (Miss. Ct. App. 2016)

    "It is well settled that workers' compensation claimants have ‘the burden of proving disability and the extent thereof.’ " Smith v. Johnston Tombigbee Furniture Mfg. Co. , 43 So.3d 1159, 1165 (¶ 21) (Miss. Ct. App. 2010) (quoting Lifestyle Furnishings v. Tollison , 985 So.2d 352, 359 (¶ 21) (Miss. Ct. App. 2008) ).

  2. Mabus v. Mueller Indus., Inc.

    205 So. 3d 677 (Miss. Ct. App. 2016)   Cited 13 times

    ¶ 23. "It is well settled that workers' compensation claimants have ‘the burden of proving disability and the extent thereof.’ " Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1165 (¶ 21) (Miss.Ct.App.2010) (quoting Lifestyle Furnishings v. Tollison, 985 So.2d 352, 359 (¶ 21) (Miss.Ct.App.2008) ). " ‘Disability’ means incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the same or other employment, which incapacity and the extent thereof must be supported by medical findings.

  3. Howard Indus., Inc. v. Hardaway

    191 So. 3d 1257 (Miss. Ct. App. 2015)   Cited 8 times

    This remains true even though we might have reached a different conclusion were we the trier of fact.” Parker v. Ashley Furniture Indus., 164 So.3d 1081, 1083–84 (¶ 11) (Miss.Ct.App.2015) (quoting Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1164 (¶ 15) (Miss.Ct.App.2010) ). “Furthermore, ‘we are reminded that workers' compensation law is to be liberally and broadly construed, resolving doubtful cases in favor of compensation so that the beneficent purposes of the act may be accomplished.’ ” Prentice v. Schindler Elevator Co., 13 So.3d 1258, 1260–61 (¶ 7) (Miss.2009) (quoting McCrary v. City of Biloxi, 757 So.2d 978, 982 (¶ 18) (Miss.2000) ).

  4. Choctaw Resort Dev. Enter. v. Applequist

    161 So. 3d 1134 (Miss. Ct. App. 2015)   Cited 5 times

    When the Commission's decision is supported by substantial evidence, it must be upheld. Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1164 (¶ 15) (Miss.Ct.App.2010) (citing Vance v. Twin River Homes, Inc., 641 So.2d 1176, 1180 (Miss.1994) ).

  5. Choctaw Resort Dev. Enter. v. Applequist

    NO. 2014-WC-00969-COA (Miss. Ct. App. Jun. 11, 2014)

    When the Commission's decision is supported by substantial evidence, it must be upheld. Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So. 3d 1159, 1164 (¶15) (Miss. Ct. App. 2010) (citing Vance v. Twin River Homes, Inc., 641 So. 2d 1176, 1180 (Miss. 1994)).

  6. Tire v. Rhoads

    113 So. 3d 1262 (Miss. Ct. App. 2013)

    This Court limits its review of an appeal from the Commission to “determining whether the Commission erred as a matter of law or made findings of fact contrary to the overwhelming weight of the evidence.” Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1164 (¶ 15) (Miss.Ct.App.2010). Reversal of the Commission's order is only proper when it “is not based on substantial evidence, is arbitrary or capricious, or is based on an erroneous application of the law.”

  7. White v. The Home Depot & N.H. Ins. Co.

    No. 2022-WC-00894-COA (Miss. Ct. App. Apr. 23, 2024)

    Under workers' compensation law, "claimants have 'the burden of proving disability and the extent thereof.'" Mabus, 205 So.3d at 682 (¶23) (quoting Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1165 (¶21) (Miss. Ct. App. 2010)). "The trier of fact must determine whether the claimant has made out a prima facie case based on the evidence presented."

  8. Mtd Prods. v. Moore

    378 So. 3d 455 (Miss. Ct. App. 2024)

    When "the Commission’s decision is supported by substantial evidence, … it must be upheld," even if "we might have reached a different conclusion Were we the trier of fact." Howard Indus. Inc. v. Hardaway, 191 So. 3d 1257, 1267 (¶27) (Miss. Ct. App. 2015); Parker v. Ashley Furniture Indus., 164 So. 3d 1081, 1083-84 (¶11) (Miss. Ct. App. 2015) (quoting Smith v: Johnston Tombigbee Furniture Mfg. Co., 43 So. 3d 1159, 1164 (¶15) (Miss. Ct. App. 2010)). "Substantial evidence [means] more than a "mere scintilla" of evidence, but it does not rise to the level of "a preponderance of the evidence." Prairie Farms Dairy v. Graham, 270 So. 3d 37, 41 (¶10) (Miss. Ct. App. 2018) (citing Harper ex rel. Harper v. Banks, Finley, White & Co. of Miss. P.C., 167 So. 3d 1155, 1162 (¶17) (Miss. 2015)).

  9. Myrick v. Univ. of Miss. Med. Ctr.

    358 So. 3d 1109 (Miss. Ct. App. 2023)   Cited 2 times

    A claimant's "degree of disability is assessed" according to "the employee's post-injury capacity to earn wages in the open labor market." Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1165 (¶19) (Miss. Ct. App. 2010). A permanent and total disability is "dependent on a claimant's showing of a total loss of wage-earning capacity[.]"

  10. Meek v. Cheyenne Steel, Inc.

    360 So. 3d 259 (Miss. Ct. App. 2022)

    We will reverse "only when a Commission order is not based on substantial evidence, is arbitrary or capricious, or is based on an erroneous application of the law." Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159, 1164 (¶15) (Miss. Ct. App. 2010). We review the Commission's application of the law de novo.