Karr v. Armstrong Tire & Rubber Co.

61 So. 2d 789 (1953)

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Karr v. Armstrong Tire & Rubber Co.

Mississippi Supreme Court
61 So. 2d 789 (1953)

Facts

Karr (plaintiff) inhaled chemical smoke during his employment at Armstrong Tire & Rubber Company (Armstrong) (defendant). The smoke irritated Karr’s chest, face, and throat and rendered Karr unable to work for four weeks. Karr also suffered an 80 percent loss of his voice and could not speak above a hoarse whisper without growing tired. Karr sought workers’-compensation benefits from Armstrong. At a hearing before an administrative attorney-referee, the attorney-referee received evidence that at the time of Karr’s injury, Karr was earning $45.12 working six days per week, and at the time of the hearing, Karr was earning $60.40 working five days per week for the same employer. The attorney-referee awarded Karr four weeks of disability compensation but did not award any compensation for the loss of Karr’s voice. The attorney-referee found that the voice loss was caused by the chemical smoke, but the attorney-referee compared Karr’s pre-injury and post-injury wages and concluded that Karr had not suffered a loss in earning capacity that would support awarding benefits for the voice loss. The Mississippi Workers’ Compensation Commission and a state circuit court affirmed the attorney-referee’s decision, and Karr appealed to the Mississippi Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Roberds, J.)

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