Braxton v. Resorts Casino, et al.
| Docket Number: | 2011-WC-01202-COA Linked Case(s): 2011-WC-01202-COA |
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| Court of Appeals: |
Opinion Date: 04-16-2013 Holding: The motion for rehearing is denied. |
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| Additional Case Information: |
Topic: Workers' compensation - Causal connection Non Participating Judge(s): James, J. Nature of the Case: Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 08-05-2011 Appealed from: Tunica County Circuit Court Judge: Al Smith Case Number: 2010-0305 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Sarah Braxton |
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| Appellee: | Resorts Casino (Resorts Tunica) and American Interstate Insurance Company | |||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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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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