Sanderson Farms, Inc. v. Ralph Deering


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Docket Number: 2003-WC-02535-COA
Oral Argument: 09-30-2004
 

 

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Court of Appeals: Opinion Date: 01-25-2005
Opinion Author: GRIFFIS, J.,
Holding: REVERSED AND RENDERED:

Additional Case Information: Topic: Workers’ compensation - Intoxication - Proximate causation - Section 71-3-7
Judge(s) Concurring: BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER, BARNES AND ISHEE, JJ.
Non Participating Judge(s): KING, C.J.,
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 10-14-2003
Appealed from: RANKIN COUNTY CIRCUIT COURT
Judge: William E. Chapman, III
Disposition: THE DECISION OF THE WORKERS' COMPENSATION COMMISSION IS AFFIRMED

  Party Name: Attorney Name:  
Appellant: SANDERSON FARMS, INC.




RYAN JEFFREY MITCHELL RICHARD O. BURSON



 

Appellee: RALPH DEERING JOHN RAYMOND TULLOS  

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Topic: Workers’ compensation - Intoxication - Proximate causation - Section 71-3-7

Summary of the Facts: Ralph Deering was injured when he was attempting to load the wrapping foil in an Allpac machine, which is used to wrap packages of corn dogs, while working for Sanderson Farms, Inc. Deering commenced a workers' compensation claim against Sanderson Farms. Sanderson Farms claimed that Deering’s intoxication was the proximate cause of his injury. The administrative law judge found that Deering’s intoxication was not the proximate cause of the injury and awarded him benefits. The Commission and the circuit court both affirmed. Sanderson Farms appeals.

Summary of Opinion Analysis: Section 71-3-7 provides that no compensation shall be payable if the intoxication of the employee was the proximate cause of the injury. Sanderson Farms argues that Deering did not follow the normal procedures in operating the Allpac machine, while Deering claims that he was unaware of the proper procedures due to inadequate training. The evidence is overwhelming that Deering knew and understood the proper way to operate the Allpac machine. Deering testified that it is necessary for a machine to be turned off during any maintenance and stated that he was aware that a machine should be turned off before inserting his hand in any location where there were moving parts. A Professor of Pharmacology and Director of Toxicology at Tulane School of Medicine testified that since Deering’s blood alcohol level was approximately .160, at the time of the accident, he would have been suffering from changes in critical judgment, motor incoordination and motor impairment, and double vision. The administrative law judge gave much weight to the fact that at the time of his injury, Deering had only been working on the Allpac machine for a short period of time and was therefore unfamiliar with the machine. This finding was clearly contrary to the overwhelming weight of the evidence. Deering clearly was injured because he failed to properly operate the machine and his level of intoxication was significant. Therefore, the decision of the Commission and the circuit court is reversed.


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