Johnson v. Sysco Food Serv., et al.
| Docket Number: | 2011-WC-01086-COA Linked Case(s): 2011-WC-01086-SCT ; 2011-WC-01086-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-24-2013 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Section 71-3-3(b) - Causal connection - Work-related injury Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 07-01-2011 Appealed from: MISSISSIPPI WORKERS’ COMPENSATION COMMISSION Disposition: AFFIRMED DECISION OF ADMINISTRATIVE JUDGE TO DENY WORKERS’ COMPENSATION BENEFITS Case Number: 0805029-K-0863-E |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Joseph Dewayne Johnson |
CARLOS EUGENE MOORE TANGALA LANIECE HOLLIS |
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| Appellee: | Sysco Food Services and New Hampshire Insurance Company | JEFFERSON PINCKNEY W. SKELTON PAMELA S. RATLIFF | ||
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 - Section 71-3-3(b) - Causal connection - Work-related injury |
| Summary of the Facts: | Joseph Johnson filed a petition to controvert with the Mississippi Workers’ Compensation Commission, alleging he sustained a work-related injury to his knees. Johnson’s employer, Sysco Food Services, and its carrier, New Hampshire Insurance Company, denied compensability. The administrative judge denied benefits. The full Commission affirmed the AJ’s order. Johnson appeals. |
| Summary of Opinion Analysis: | Johnson argues that the Commission erred in denying him workers’ compensation benefits. Section 71-3-3(b) provides compensation for an injury “arising out of and in the course of employment without regard to fault which results from an untoward event or events, if contributed to or aggravated or accelerated by the employment in a significant manner.” The term “arising out of employment” means there is a causal connection between the employment and the injury. Johnson allegedly developed knee pain in February 2008 but failed to seek medical treatment until March 15, 2008. Johnson waited until May 2008 to report the injury to Sysco. While seeking treatment for his knee pain, Johnson told a nurse that he had injured his knee while running, and denied any work-related injury. The AJ found the medical testimony is also insufficient to establish a work-related injury. Given the evidence, the Commission’s decision was supported by substantial evidence. |
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