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Mississippi court upholds total disability award for food plant worker
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Business Insurance
Mississippi court upholds total disability award for food plant workerA former food production worker is owed permanent total disability benefits because substantial evidence supported findings that repetitive work caused a total occupational loss of use of both hands and aggravated pre-existing osteoarthritis, the Mississippi Court of Appeals ruled.
In Ajinomoto Foods North America and Liberty Insurance Corp. v. Moore, the Mississippi Court of Appeals affirmed a Workers’ Compensation Commission decision awarding benefits to the worker, who developed bilateral carpal tunnel syndrome after working on production lines that required repetitive movements handling frozen burritos.
The employer argued that the worker failed to conduct a reasonable job search and was therefore not entitled to the presumption of total occupational loss.
The court noted that the worker applied for every position identified by the employer’s vocational expert, except one, submitted 66 job applications overall, including two to Ajinomoto, and received only one response.
The court also rejected the employer’s argument that the worker’s osteoarthritis was unrelated to her work, finding substantial evidence that her employment aggravated or accelerated the condition.