Franks v. Foam Craft, et al.
| Docket Number: | 2004-WC-02363-COA Linked Case(s): 2004-WC-02363-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-17-2006 Opinion Author: Chandler, 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, Griffis, Barnes and Ishee, JJ. Non Participating Judge(s): Roberts, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 11-02-2004 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: AFFIRMED COMMISSION’S FINDING THAT CLAIMANT FAILED TO SHOW THAT SHE HAD SUFFERED A WORK-RELATED INJURY Case Number: CV04-098(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | MELISSA FRANKS |
CORY PATRICK SIMS, WILLIAM C. STENNETT |
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| Appellee: | FOAM CRAFT AND MISSISSIPPI MANUFACTURERS’ ASSOCIATION WORKERS’ COMPENSATION GROUP | JEFFREY DEAN LEATHERS |
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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: | Melissa Franks filed a petition to controvert her workers’ compensation claim. The administrative law judge denied Franks’ claim, finding that Franks failed to show that her injury was work-related. The Workers’ Compensation Commission and the circuit court affirmed. Franks appeals. |
| Summary of Opinion Analysis: | The initial burden of proof is on the claimant to show that she has suffered a loss of wage-earning capacity as the result of a work-related injury. Unless common knowledge suffices, medical evidence must prove not only the existence of a disability but also its causal connection to the employment. Franks first visited her doctor two days after she alleged she suffered a work related injury. According to the doctor’s notes from the first office visit, the pain began three or four days prior to the doctor visit, and Franks related at that time that her pain was not due to a work-related injury. Although Franks continued to receive treatment from the doctor, she never related a work-related injury to him. Franks’ supervisor at Foam Craft testified that Franks had not reported a work related injury to him. In fact, when she returned to work, she stated that she did not know how she injured her back. The Workers’ Compensation Commission was thus presented with substantial evidence showing that Franks failed to meet her burden of proof that her injury was work-related. |
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