Bryan Foods, Inc. v. White
| Docket Number: | 2004-WC-00357-COA Linked Case(s): 2004-CT-00357-SCT2004-WC-00357-COA |
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| Oral Argument: | 11-23-2004 | |
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| Court of Appeals: |
Opinion Date: 04-19-2005 Opinion Author: GRIFFIS, J., Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Work-related injury - Industrial disability Judge(s) Concurring: KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, BARNES AND ISHEE, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 01-16-2004 Appealed from: Clay County Circuit Court Judge: James T. Kitchens, Jr. |
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| Party Name: | Attorney Name: | |||
| Appellant: | BRYAN FOODS, INC. |
JAMES C. HELVESTON |
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| Appellee: | JAMES DAVID WHITE | ROGER K. DOOLITTLE |
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| Topic: | Workers’ compensation - Work-related injury - Industrial disability |
| Summary of the Facts: | James White injured his neck while working at Bryan Foods, Inc. The Mississippi Workers’ Compensation Commission found that White had sustained a work-related injury resulting in a fifty percent loss in his wage-earning capacity. The circuit court affirmed the Commission’s decision. Bryan Foods appeals. |
| Summary of Opinion Analysis: | Bryan Foods argues that the substantial evidence does not support White’s claim of a work-related injury, because White never reported the incident to Bryan Foods or his treating physicians. White told his supervisor that he had injured his neck. Additionally, White informed Bryan’s nurse of his injury asking if he should report the incident. Accepting the nurse’s discouraging medical opinion, White did not report his injury to anyone else. In addition, the medical opinions were consistent in that White’s condition was most likely work-related. Bryan Foods also argues that White has failed to meet his burden of proof to establish an industrial disability. The burden is on the claimant to prove an industrial injury by showing medical impairment and that the medical impairment resulted in a loss of wage earning capacity. The medical testimony from White’s treating physicians supports the permanence of White’s disability. Considering the evidence and the entire record, the Commission’s award of permanent disability benefits was supported by substantial evidence. The Commission’s findings were based on the medical records, the opinions of five competent physicians and the findings of various medical tests and procedures. |
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