Worker Suffers Lost Earning Capacity Despite Return to Pre-Injury Position

The Mississippi Court of Appeals ruled that an injured worker suffered a loss of wage-earning capacity despite returning to her time-of-injury job, due to her “suspect” termination shortly afterward. Case: Howard Industries Inc. v. Wheat, No. 2019-WC-00526-COA, 05/05/2020, published. Facts: Sicily Wheat worked for Howard Industries Inc. She filed a workers’ compensation claim for a back injury that occurred in July 2016. Dr. Michael Patterson treated Wheat from August 2016 until she reached maximum medical improvement in May 2017. Patterson ordered a functional ...