Kenneth Nixon v. Howard Industries, Inc.

CARLTON, J., CONCURRING IN PART AND DISSENTING IN PART:

¶ 24. I concur in part because I, like the majority, would reverse the judgment of the Commission. I, however, would reverse the Commission's findings and render judgment in favor of Howard Industries because the record reflects that Nixon failed to show that he suffered a loss of wage-earning capacity and permanent disability. Precedent reflects that the degree of disability is determined by (1) actual physical injury; and (2) loss of wage earning capacity. See Gen. Elec. Co. v. McKinnon , 507 So.2d 363 , 365 (Miss. 1987) ; Wilcher v. D.…