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Baney v. Mid-South Manufacturing5/4/2005
NOT DESIGNATED FOR PUBLICATION
Appellant brings this appeal from the July 19, 2004, decision of the Workers' Compensation Commission (Commission) adopting the administrative law judge's (ALJ) finding that appellant had failed to prove by a preponderance of the evidence that she is permanently and totally disabled or entitled to wage-loss benefits in excess of the fifteen percent permanent-impairment rating assigned. We hold that the Commission's decision is supported by substantial evidence. Accordingly, for the reasons stated below, we affirm the decision of the Commission.
Appellant worked on various assembly lines at Mid-South Manufacturing. The work required appellant to do extensive lifting, stooping, bending, and twisting. In June 1997, appellant sustained a compensable injury to her back when she was hit by a forklift loaded with boxes. Mid-South Manufacturing initially sent appellant to a nurse practitioner for treatment; however, after appellant's condition worsened, she was referred to Dr. Edward Cooper. In March 1998, Dr. Cooper performed surgery on appellant's back. After twelve weeks of recovery, appellant returned to work. Appellant testified that she was miserable when she returned, and that she could barely walk in and out of the workplace. However, she continued to work until August 24, 2000, when she was permanently laid off. Appellant was given the option of going back onto the floor, a job that would require stooping, bending, lifting, and twisting, but she testified that she could not perform those tasks.
Appellant received unemployment benefits until she underwent a second surgery in June 2001. Since the second surgery, appellant testified that her condition has worsened. She testified that she feels sore and numb in her lower back all the time and that she is in constant pain. She stated that she cannot perform menial chores at home because of her pain and that she has help with those chores from her husband, daughter, step-daughter, and step-son. Due to her medication, appellant testified that she becomes disoriented and confused, thus making it difficult for her to drive to such rudimentary locations as her neighborhood grocery store and post office.
Appellant acknowledged that she took a six-week computer class and completed the course with a certificate. The class was two-hours long, three nights a week. Her intentions were to take a second course, but after discovering that she would have to undergo another surgery, appellant decided not to take the course. She testified that, besides meeting with Dale Thomas, a vocational expert, she had not made "much effort to locate gainful employment."
Robert Lamb testified on behalf of appellant. Lamb, a vocational rehabilitation counselor, testified that he performed an evaluation of appellant and reached the conclusion that she has no work skills that are transferable from her prior work to her present condition. Based on this determination, Lamb testified that he did not believe appellant could be placed in any job. On cross-examination, Lamb stated that he reached the conclusions in his evaluation based solely upon a review of appellant's medical records, his interview with appellant, and his experience as a counselor.
Dale Thomas, the vocational expert, testified on behalf of appellees. He stated that he performed a vocational evaluation to determine whether job placement assistance was needed for appellant. He inventoried appellant's skills, reviewed her medical records, and interviewed her. In his interview with appellant, Thomas stated that he asked her if she would cooperate with him in helping her to return to work. Thomas testified that appellant essentially to
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