Legal Opinion · Dissent

Hudspeth Regional Center v. Mitchell

Court of Appeals of Mississippi

Decided October 6, 2015No. 2014-WC-01730-COAPublished

1DissentWilson, J.

¶ 25. The Workers’ Compensation Law provides compensation to an injured worker for a “disability” resulting from a work-related injury, Miss.Code. Ann. § 71-3-7 (Supp.2015), and it defines “disability” as an “incapacity because of injury to earn the wages which the employee was receiving at the time of injury in the, same or other employment.” Miss.Code. Ann. § 71—3—3(i) (Rev.2011) (emphasis added). Thus, to be compensable, the injury and resulting disability must be the reason for a loss of wage-earning capacity. If an injured employee is unable to “earn the same wages [she] was receiving at…

2Cases cited12 opinions

  1. Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009
  2. Hale v. Ruleville Health Care CenterMississippi Supreme Court · 1997
  3. Meridian Professional Baseball Club v. JensenMississippi Supreme Court · 2002
  4. Wright v. WhiteMississippi Supreme Court · 1997
  5. East Mississippi State Hosp. v. CallensMississippi Supreme Court · 2004

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