F & F Constr. v. Holloway


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Docket Number: 2007-WC-00155-COA
Linked Case(s): 2007-WC-00155-COA

Court of Appeals: Opinion Link
Opinion Date: 01-29-2008
Opinion Author: GRIFFIS, J.
Holding: Affirmed

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

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



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: GARY HOLLOWAY JAMES KENNETH WETZEL  

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    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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