Sims v. Ashley Furniture Industries, et al.
| Docket Number: | 2006-WC-01305-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-11-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Settlement agreement - Reopening claim - Section 71-3-53 Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 07-10-2006 Appealed from: PONTOTOC COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: AFFIRMED COMMISSION’S DECISION TO REVERSE ADMINISTRATIVE LAW JUDGE’S FINDING THAT CASE SHOULD BE REOPENED Case Number: CV05-236F(PO) |
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| Party Name: | Attorney Name: | |||
| Appellant: | KENNY SIMS |
MICHAEL MCHENRY |
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| Appellee: | ASHLEY FURNITURE INDUSTRIES AND EMPLOYERS INSURANCE OF WAUSAU | J. KEITH PEARSON |
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| Topic: | Workers’ compensation - Settlement agreement - Reopening claim - Section 71-3-53 |
| Summary of the Facts: | Kenny Sims suffered two work-related injuries while employed by Ashley Furniture Industries as a furniture builder. Sims’ first injury occurred on February 6, 2001 and the second injury occurred on March 6, 2001. Sims filed a workers’ compensation claim with the Mississippi Workers’ Compensation Commission. In October 2002, Sims filed an application for approval of a compromise settlement. This settlement was finalized on October 25, 2002. On November 4, 2002, Ashley Furniture terminated Sims’ employment and he filed a motion to reopen his workers’ compensation claims. The Administrative Law Judge found that there had been a material change of circumstances in Sims’ condition that would justify reinstating his workers’ compensation claims to the active docket of the Commission. Ashley Furniture and its carrier, Employers Insurance Company of Wausau, filed a petition for review before the Commission. The Commission reversed the ALJ’s decision. Sims appealed to circuit court which affirmed. Sims appeals. |
| Summary of Opinion Analysis: | Sims argues that the Commission erred in determining his termination did not constitute a significant and material change in circumstances and mistake in fact, which would require a reopening of his compensation claims. Sims also argues that the settlement negotiations were not entered into in good faith and his employment was fraudulent. However, Sims’ allegations of bad faith and fraud would seem to be undercut by his own testimony. In his testimony before the Administrative Law Judge, Sims indicated that only after he indicated his inability to do a job which was changed from an hourly wage to pay based upon production was he terminated. While the Commission did consider Sims’ termination within days after the settlement agreement constituted wholly new evidence, the Commission found that this was not a mistake within the meaning of section 71-3-53 which warranted reopening of the settlement agreement. The Commission did not find any proof that Sims had a reasonable expectation of continued employment at the time he entered the settlement. The Commission’s findings are supported by substantial evidence within the record. |
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