Braxton v. Resorts Casino, et al.


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Docket Number: 2011-WC-01202-COA
Linked Case(s): 2011-WC-01202-COA

Court of Appeals: Opinion Link
Opinion Date: 10-02-2012
Opinion Author: Griffis, P.J.
Holding: Affirmed

Additional Case Information: Topic: Workers' compensation - Causal connection
Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 08-05-2011
Appealed from: Tunica County Circuit Court
Judge: Al Smith
Disposition: AFFIRMED WORKERS’ COMPENSATION COMMISSION’S DENIAL OF BENEFITS
Case Number: 2010-0305

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Sarah Braxton




LAWRENCE J. HAKIM



 
  • Appellant #1 Brief

  • Appellee: Resorts Casino (Resorts Tunica) and American Interstate Insurance Company COURTNEY LEYES TOMLINSON, GARY P. SNYDER  

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    Topic: Workers' compensation - Causal connection

    Summary of the Facts: Sarah Braxton was an employee of Resorts Casino. She suffered an on-the-job injury when she fell down four stairs on her way from the break room to her work station. The parties stipulated that Braxton suffered this work-related injury and that she injured her left knee, left hip, and right shoulder. The only issues presented to the administrative judge were whether Braxton injured her right knee in the fall, and, if so, whether the current treatment of her right knee, including a total/partial knee replacement, was reasonable and necessary. The AJ determined that Braxton had failed to prove that she sustained an injury to her right knee in her fall. The Workers’ Compensation Commission affirmed the order of the AJ, and the circuit court affirmed the Commission. Braxton appeals.

    Summary of Opinion Analysis: Braxton argues that the Commission erred by finding that she did not injure her right knee as a result of her fall. Proof of a causal connection between Braxton’s fall at work and her right knee problems must rise above mere possibility. The record supports the decision that Braxton’s right knee pain occurred before her work fall. The records from a clinic show a history of knee pain in both knees for several years before the fall. In addition, the statement Braxton signed at her job on the day of the fall indicated no complaints about her right knee, and the hospital records on the day of the fall do not indicate any complaints about the right knee. The first time she complained of right-knee pain was three months after her fall and then she indicated that the symptoms in her right knee had only occurred in the last few days before her visit. Considering the records and conclusions from physicians, there is substantial evidence that Braxton’s problems with her right knee were unrelated to her fall at work.


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