Jones v. Southern Healthcare Agency, et al.
| Docket Number: | 2004-WC-01675-COA Linked Case(s): 2004-WC-01675-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-03-2006 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Work-related injury Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES AND ISHEE, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 07-22-2004 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: Samac Richardson Disposition: CIRCUIT COURT UPHELD COMMISSION’S DENIAL OF BENEFITS Case Number: CI 2003-0222R |
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| Party Name: | Attorney Name: | |||
| Appellant: | IVORY JONES |
AL CHADICK |
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| Appellee: | SOUTHERN HEALTHCARE AGENCY AND VILLANOVA INSURANCE COMPANY, IN LIQUIDATION (MISSISSIPPI INSURANCE GUARANTY ASSOCIATION) | HARRIS FREDERICK POWERS, ROBERT S. UPSHAW |
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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 - Work-related injury |
| Summary of the Facts: | Ivory Jones was employed by Southern Healthcare as a certified nurses assistant. Jones filed a petition to controvert with the Mississippi Workers’ Compensation Commission alleging that she was injured in November of 2001. No specific date was provided. The administrative judge denied workers compensation benefits to Jones. Both the Full Commission and the Madison County Circuit Court affirmed her decision. Jones appeals. |
| Summary of Opinion Analysis: | The administrative judge found that at the time of the alleged accident Jones was assigned to care for an Alzheimer’s patient, residing at St. Catherine’s Village. Jones testified that the accident occurred while she was reaching out for her patient. After the accident, she continued to assist the patient and told no one at St. Catherine’s about the accident. The evidence presented contained numerous instances of inconsistent testimony by Jones. Five Southern Healthcare employees, including Jones’ supervisor, testified that Jones never reported any accident or injury. In addition, the Southern Healthcare employees testified that Jones declined assignments because she was “down on her back,” but never mentioned hurting her back. The judge found the testimony presented by Southern Healthcare to be more persuasive than that of Jones. The Commission adopted the administrative judge’s opinion and evaluation of the evidence. The determinations of the Commission enjoy the presumption that it made proper determinations as to the weight and credibility of the evidence and its findings of fact are binding. |
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