Stuart's, Inc. v. Brown

ON PETITION FOR REHEARING

ROBERTSON, Justice,

for the Court:

I

The issue of consequence in this workers’ compensation appeal is apportionment. No one questions that Nellie W. Brown suffered a work-connected injury, nor that she is permanently, totally disabled. Employer and carrier argue that Brown’s disability in substantial part is related to pre-injury back trouble and a post-injury car wreck, notwithstanding the Mississippi Workers’ Compensation Commission’s finding of ultimate fact that Brown’s total, permanent disability was “solely as a result of the job-related injury of September 24,…