Are courts more likely to award workers’ comp benefits to injured employees because of the bleak employment picture?

It’s an issue that came up in one recent court case.

Martha Lott tore her rotator cuff while working. She had surgery and physical therapy.

In between the time she was injured and her recovery, she was laid off for reasons having nothing to do with her injury.

Lott’s only post-injury work limitation was a 60-pound lifting restriction.

She applied for 194 jobs, but no company hired her.

She sought permanent disability payments under her former employer’s comp coverage.

Lott actually was awarded comp at one point. But eventually this case wound up in the Mississippi Supreme Court.

The state’s highest court said Lott was unable to find a new job due to the depressed economy where she lived, not due to her injury.

In this case, permanent disability benefits were denied.

Cite: Lott v. Hudspeth Center, MS Supreme Court, 1/7/10.