Nurse’s workers comp benefits reversed after return to work

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The Mississippi Supreme Court reversed a state Workers’ Compensation Commission ruling that awarded workers compensation benefits to a nurse who suffered an injury on the job, returned to work for seven months, and was later fired for other causes.

Linda Mitchell fell and hurt her back while working at Hudspeth Regional Center in Whitefield, Mississippi in late 2011 and six weeks later returned to her same position at the hospital before being terminated seven months later for excessive tardiness and insubordination, according to the court’s decision filed on Oct. 20. 

Ms. Mitchell’s physician then referred her for a functional capacity evaluation, which revealed that she suffered from a 3% permanent partial impairment as a result of her injury, the court document states. She filed for workers compensation benefits, which were granted in 2014.

A near-unanimous Mississippi Supreme Court – with one judge not participating in the decision – citing similar cases found that Ms. Mitchell’s return to work created a “rebuttable presumption” that she suffered no loss in wage-earning capacity. 

“Mitchell undisputedly sustained an injury at work,” the court said. “But after she sustained the injury, she returned to work in the same position at the same or higher rate of pay. She continued to work in the same position for more than seven months after the injury until she was terminated for cause.”  

The case has been remanded to the commission to apply the correct legal standard.