Return To Work Following On The Job Injury Creates Rebuttable Presumption That Claimant Suffered No loss Of Earning Capacity

Under Mississippi law employees may be entitled to worker’s compensation benefits when the employee’s injury affects the employee’s ability to earn the same wages they were earning at the time of injury. It was undisputed that Ms. Mitchell suffered an on the job injury while working at Hudspeth Regional Center, which required medical treatment. Following treatment, Ms. Mitchell returned to work at Hudspeth in her same position and at her same rate of pay. Mitchell worked for seven months following her injury before she was dismissed for cause unrelated to her injury. Mitchell filed for additional worker’s compensation disability benefits, which were awarded by an Administrative Law Judge (ALJ) and affirmed by the Court of Appeals. The Mississippi Supreme Court reversed finding that Ms. Mitchell’s return to work created a rebuttable presumption that she was not entitled to disability benefits. Read the full case here.