Boyd Miss., Inc. v. Moore
| Docket Number: | 2007-WC-00422-COA Linked Case(s): 2007-WC-00422-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-22-2008 Opinion Author: LEE, P.J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Workers’ compensation - Substantial evidence Judge(s) Concurring: KING, C.J., MYERS, P.J., 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: 12-11-2006 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: DENIAL OF WORKERS’ COMPENSATION BENEFITS REVERSED Case Number: 06-CV-0168-NS-C |
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| Note: | Circuit court reversed the decision of the Commission finding it not to be supported by substantial evidence. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BOYD MISSISSIPPI, INC. AND CONTINENTAL CASUALTY COMPANY |
AMY K. TAYLOR |
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| Appellee: | IRIS MOORE | JIM DAVIS HULL |
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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 - Substantial evidence |
| Summary of the Facts: | During her employment at the Silver Star Resort and Casino, Iris Moore was injured when a large glass door at one of the casino exits opened and struck her on the left side of her face and head. Moore did not miss any work because of the accident and did not experience any problems with her eye for the next six years. Moore’s employment with the Silver Star Casino ended in 1999. In 2002, Moore’s one-year-old child bumped her left eye causing it to tear up. Four to six weeks later Moore went to an optometrist who diagnosed her with a detached retina and referred her to a specialist. She was also found to be legally blind in her left eye. Moore filed a petition to controvert in 2004, claiming that the accident at Silver Star caused the detached retina. The administrative law judge agreed with the employer/carrier that Moore’s injury was not compensable. The Mississippi Workers’ Compensation Commission affirmed the findings of the ALJ. The circuit court reversed the decision of the Commission finding it not to be supported by substantial evidence. Boyd Mississippi and Continental Casualty appeal. |
| Summary of Opinion Analysis: | Boyd Mississippi and Continental Casualty argue that the Commission’s decision to deny benefits was based on substantial evidence. Both Moore’s optometrist and a specialist in ophthalmology and retinal surgery to whom Moore had been referred by her optometrist testified. After reviewing the testimony of the two, the Commission found the specialist’s testimony to be more persuasive since he was a specialist in the field of retinal surgery. Neither doctor could state with any certainty that the accident at the casino was the underlying cause of the retinal detachment. Thus, the Commission did not err in finding that no testimony was presented to show within a reasonable degree of medical probability that the retinal detachment was in any way related to the injury at the casino. |
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