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UNIVERSITY OF MISS. MEDICAL CENTER v. SMITH

No. 2003-WC-02610-COA.

909 So.2d 1209 (2005)

UNIVERSITY OF MISSISSIPPI MEDICAL CENTER and Mississippi Institutions of Higher Learning, Self-Insured, Appellants v. David H. SMITH, Appellee.

Court of Appeals of Mississippi.

February 1, 2005.

Attorney(s) appearing for the Case

Joseph T. Wilkins, III, Jackson, attorney for appellants.

John Griffin Jones, Jackson, attorney for appellee.

Before LEE, P.J., MYERS and CHANDLER, JJ.

CHANDLER, J., for the Court.

¶ 1. This workers' compensation appeal requires us to determine whether or not the Workers' Compensation Commission properly applied a rebuttable presumption of no loss of wage earning capacity to bar recovery for the claimant's admittedly work-related injury. The Circuit Court for the First Judicial District of Hinds County held that the Commission misapplied the presumption and reversed the Commission's denial of benefits to David...

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