Casino Magic, et al. v. Nelson
| Docket Number: | 2006-WC-00493-COA Linked Case(s): 2006-WC-00493-COA |
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| Oral Argument: | 11-15-2006 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Temporary total disability - Work-related injury Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 03-08-2006 Appealed from: Hancock County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: CIRCUIT COURT AFFIRMED THE DECISION OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION FINDING NELSON TEMPORARILY TOTALLY DISABLED. Case Number: A-2301-04-0416 |
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| Party Name: | Attorney Name: | |||
| Appellant: | CASINO MAGIC AND ZURICH AMERICAN
INSURANCE COMPANY |
WILLIAM D. BLAKESLEE |
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| Appellee: | DIXIE NELSON | JAMES KENNETH WETZEL |
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| Topic: | Workers’ compensation - Temporary total disability - Work-related injury |
| Summary of the Facts: | Dixie Nelson injured her right shoulder while working for her employer, Casino Magic. Casino Magic and its insurance carrier, Zurich American Insurance Company, provided light-duty work and certain medical benefits, but then denied the compensability of the injury and did not pay any workers’ compensation disability benefits. Nelson filed a petition to controvert. The Mississippi Workers’ Compensation Commission affirmed the decision of the administrative judge finding that Nelson had been temporarily totally disabled. The circuit court affirmed. Casino Magic appeals. |
| Summary of Opinion Analysis: | Issue 1: Temporary total disability Casino Magic argues that the court erred in finding Nelson to be temporarily totally disabled. The administrative law judge specifically noted the records from the urgent care clinic stating that Nelson’s condition was aggravated by her work. The administrative law judge also determined that there was substantial medical evidence to support Nelson’s claim that repetitive reaching for the time clock aggravated a pre-existing condition. The administrative law judge also considered Nelson’s testimony that she did not believe that she could hold down any form of gainful employment due to her condition, as well as her testimony that the light-duty work provided to her was more difficult than her previous position as main banker. There was substantial evidence to support the Commission’s finding that Nelson was temporarily totally disabled. Issue 2: Work-related injury Casino Magic argues that Nelson failed to prove that she sustained a work-related injury which resulted in a condition requiring medical treatment. The record shows that Nelson, at four feet and eleven and one-half inches tall, was required by her job to reach over a counter and stretch for the time clock as many as 300 to 400 times a day. Furthermore, despite complaining to her supervisors about her difficulty reaching for the time clock, Casino Magic failed to take steps to accommodate Nelson. Nelson’s extensive medical treatment clearly began after an incident at work. Consequently, both medical and the lay testimony of Nelson supports the Commission’s decision. |
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