Hudspeth Regional Center v. Mitchell

ON WRIT OF CERTIORARI

DICKINSON, PRESIDING JUSTICE,

FOR THE-COURT:

¶1. After suffering a fall at work, Linda Mitchell returned to the same position she had occupied before her injury and continued to work for more than seven months until she was terminated for a cause unrelated to the injury. She then sought and was awarded disability benefits from the Mississippi Workers’ Compensation Commission. But because the Administrative Law Judge (ALJ) and Commission both failed to recognize that Mitchell’s return to work created a rebuttable presumption that she suffered no loss of earning capacity, we…