Richardson v. Johnson Electric Automotive, Inc., et al.
| Docket Number: | 2006-WC-01598-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-07-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Treating physician’s testimony - Substantial evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE 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: 09-07-2006 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: AFFIRMED DECISION OF FULL COMMISSION Case Number: 04CV-122(R) |
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| Party Name: | Attorney Name: | |||
| Appellant: | SYLVIA MCGHEE RICHARDSON |
LAWRENCE J. HAKIM |
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| Appellee: | JOHNSON ELECTRIC AUTOMOTIVE, INC., AND ZURICH AMERICAN INSURANCE COMPANY | JOSEPH T. WILKINS |
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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 - Treating physician’s testimony - Substantial evidence |
| Summary of the Facts: | Sylvia Richardson was injured while working at Johnson Electric Automotive, Inc., when the chair she was sitting in rolled out from under her and she fell to the ground. She subsequently filed a petition to controvert. The administrative law judge found that Richardson failed to prove disability. This decision was affirmed by the Full Commission and the circuit court. Richardson appeals. |
| Summary of Opinion Analysis: | Issue 1: Treating physician’s testimony Richardson argues that controlling weight should have been given to the opinions and testimony of her treating physician rather than to the physician who only saw her once. There is no case law holding that the Commission is required to favor the testimony of a treating physician. It is the sole responsibility of the Commission to determine the credibility of the witnesses before it and, when conflicts in credible evidence arise, to determine where the preponderance of the evidence lies. Issue 2: Substantial evidence The Commission found the testimony of Richardson’s physician regarding Richardson’s alleged disabilities related to her work-related accident less than credible as the ALJ noted a combined reading of his deposition and his records reveals such a confusing array of discrepancies, contradictions and misstatements that the evidence is effectively unuseable in attempting to arrive at a rational disposition of this case. As identified by the ALJ, there is simply no evidence that Richardson reached out in an attempt to catch herself other than his deposition testimony, which is at odds with his medical records from that day and Richardson’s own testimony. Additionally, both of Richardson’s arms were in splints at the time of the accident. While this surely would not make it impossible for her to reach out in an attempt to catch herself, it does cast further doubt upon the physician’s stated trigger of Richardson’s alleged neck injury. Without the benefit of competent medical proof Richardson cannot meet her burden of showing a causal connection between her fall and her alleged injuries. Therefore, her claim must fail. |
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