Miss. Dep't of Pub. Safety v. Pickens
| Docket Number: | 2002-WC-00754-COA Linked Case(s): 2002-WC-00754-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Concurs in Result Only: Southwick, P.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 04-17-2002 Appealed from: Union County Circuit Court Judge: Andrew K. Howorth Disposition: THE DECISION OF THE MS WORKER'S COMPENSATION COMMISSION IS AFFIRMED. Case Number: U2001-334 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Department of Public Safety |
ROBERT P. THOMPSON
LYN BUTLER DODSON |
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| Appellee: | Troy S. Pickens | WILLIAM O. RUTLEDGE |
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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 - Sufficiency of evidence |
| Summary of the Facts: | While working with the Mississippi Highway Patrol, Troy Pickens suffered a heart attack. Based on conversations with Pickens, his physicians advised him to either change to a less stressful job or die. An administrative judge held that Pickens proved that he sustained a work related injury and decided that Pickens's benefits for permanent disability should be apportioned by 50%. The Full Commission and the circuit court affirmed the administrative judge's decision. The Mississippi Department of Public Safety appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence The Department argues that there was not substantial credible evidence to support the Workers' Compensation Commission's decision. Pickens testified that he had many responsibilities relative to his former job and that he worked twenty-four hours a day, seven days a week. One of his physicians testified that stress was a major risk factor for Pickens because of the unusual degree of stress lasting over a long period of time and that to a reasonable degree of medical certainty, there was a causal connection between Pickens work, his heart-related problems and his job as an investigator with the Mississippi Highway Patrol that put him at an increased risk for such aliments. A board certified cardiologist, who had never personally met Pickens nor interviewed and/or examined him, testified that Pickens has all of the major risk factors associated with and known for contributing to the development of atherosclerotic heart disease and concluded that stress was a minor contributing factor in coronary disease in Pickens’ case. Given this evidence, there was substantial credible evidence to support the decision of the circuit court in affirming the Commission, which adopted the findings of the administrative judge. Issue 2: Apportionment of benefits The Department argues that stress cannot be held to be 50% responsible for Pickens' heart attack in the face of the major risk factors Pickens was not addressing. Because the Department failed to cite any authority in support of its contention, the issue is procedurally barred. |
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