Omnova Solutions, Inc. v. Lipa

ON WRIT OF CERTIORARI

RANDOLPH, Justice, for the Court:

¶ 1. Fifty-two-year-old Theresa Lipa, an eighteen-year employee of Omnova Solutions, Inc. (“Omnova”), suffered a work-related injury in July 2000. Lipa returned to work at Omnova in her preinjury position, at her preinjury wage rate, after first filing a Petition to Controvert with the Mississippi Workers’ Compensation Commission (“MWCC”) asserting “[tjotal loss of wage[-]earning capacity.” A rebuttable presumption existed that Lipa had suffered no loss of wage-earning capacity, as she continued to work in her preinjury position, at her…