F & F Constr. v. Holloway
Docket Number: | 2007-WC-00155-COA Linked Case(s): 2007-WC-00155-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 01-29-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Workers’ compensation - Work related injury - Substantial evidence Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., BARNES, ISHEE AND ROBERTS, JJ. Dissenting Author : CARLTON, J., with separate written opinion. Dissent Joined By : IRVING AND CHANDLER, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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Trial Court: |
Date of Trial Judgment: 12-13-2006 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: AFFIRMED THE DECISION OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION TO AWARD COMPENSATION Case Number: A2401-06-160 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | F&F CONSTRUCTION, A MEMBER OF THE BCAM SELF-INSURERS’ FUND |
MICHAEL D. YOUNG |
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Appellee: | GARY HOLLOWAY | JAMES KENNETH WETZEL |
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. |
Topic: | Workers’ compensation - Work related injury - Substantial evidence |
Summary of the Facts: | Gary Holloway sustained a work related injury. The administrative law judge found that Holloway’s back injury was work-related and ordered that he receive workers’ compensation benefits. The Employer, F & F Construction, appealed the order to the Full Commission, and it was affirmed. The Employer then appealed to circuit court, and the Commission’s decision was affirmed. The Employer appeals. |
Summary of Opinion Analysis: | The Employer argues that no substantial evidence exists to support the Commission’s decision that Holloway’s injury was work related, because Holloway cannot prove the injury happened on a specific date or at a specific job site. In a workers’ compensation case, the claimant bears the burden of proving by a fair preponderance of the evidence, an accidental injury, arising out of and in the course of employment, and a causal connection between the injury and the death or claimed disability. Once the claimant makes out a prima facie case of disability, the burden of proof shifts to the employer. Here, substantial evidence existed to support the administrative law judge’s decision to award compensation. The administrative law judge heard testimony from both Holloway and the Employer regarding the actual date of injury. Holloway’s education level and work experience were also taken into account. The Commission, as the ultimate fact-finder, found Holloway’s testimony to be credible. Because substantial evidence existed to support the Commission’s decision, the circuit court correctly affirmed its ruling. |
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