Allegrezza v. Greenville Mfg. Co., et al.
| Docket Number: | 2011-CT-00090-SCT Linked Case(s): 2011-WC-00090-COA ; 2011-WC-00090-COA ; 2011-CT-00090-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 09-12-2013 Opinion Author: Waller, C.J. Holding: Affirmed |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-25-2012 Opinion Author: Carlto, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Consideration of medical testimony Judge(s) Concurring: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 12-15-2010 Appealed from: Washington County Circuit Court Judge: Margaret Carey-McCray Disposition: AFFIRMED JUDGMENT OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION Case Number: 9716356-H-2959 |
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| Note: | The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/CO79683.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Kathy Allegrezza |
LAWRENCE J. HAKIM |
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| Appellee: | Greenville Manufacturing Company and The Travelers Insurance Company | MARJORIE T. O’DONNELL |
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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 - Consideration of medical testimony |
| Summary of the Facts: | Kathy Allegrezza filed separate workers’ compensation claims against her employer Greenville Manufacturing alleging an injury to her upper extremities (carpal tunnel syndrome) in 1997 and a separate injury to her back in 1998. An administrative law judge granted disability benefits for Allegrezza’s carpal-tunnel-syndrome claim but found that Allegrezza had not proven a loss of wage-earning capacity to support her back-injury claim. The administrative judge also denied Allegrezza’s claim to amend her petition to controvert to include a psychological-overlay claim. The Mississippi Workers’ Compensation Commission affirmed the administrative judge’s findings regarding Allegrezza’s carpal tunnel-syndrome claim and the denial of the motion to amend. However, the Commission found that Allegrezza had sustained some loss of wage-earning capacity due to her back injury and awarded her disability benefits for that injury. Allegrezza appealed to circuit court which affirmed the Commission. Allegrezza appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Allegrezza argues that the ALJ erroneously refused to consider testimony from unauthorized physicians that supports her assertion that she is totally disabled. If the medical proof of disability is undisputed and is not inherently improbable, incredible, unreasonable or untrustworthy, it may not be rejected and must be given effect. In denying Allegrezza’s motion to amend her petition to controvert, the ALJ noted that Allegrezza had been treated by “an excessive number [of physicians] under a strict interpretation of the Act, § 71-3-15(1).” The ALJ also found the testimony of Dr. Cassada to be “suspect” due to her connection to Drs. Steuer and Lewis, whose treatment Greenville Manufacturing and Travelers strenuously challenged. From the record, it does not appear that the ALJ ignored the testimony of the unauthorized physicians, as Allegrezza suggests. Clearly, the ALJ did not consider physicians to be credible witnesses. Allegrezza was not treated by these physicians until after she was released by Dr. Collip to return to work. The Commission affirmed this finding which is supported by more than the mere scintilla of evidence or lack of evidence required for reversal. |
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