Neill v. Waterway Inc.
| Docket Number: | 2007-WC-00346-COA Linked Case(s): 2007-WC-00346-COA ; 2007-CT-00346-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Conflicting medical 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: 01-31-2007 Appealed from: TISHOMINGO COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: TRIAL COURT AFFIRMED DECISION OF FULL COMMISSION WHICH AWARDED PARTIAL DISABILITY BENEFITS Case Number: CV06-0129GT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | NHAN NEILL |
AUSTIN R. NIMOCKS,
K. DON BISHOP |
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| Appellee: | WATERWAY INC./TEAM AMERICA AND LEGION INSURANCE COMPANY SUCCESSOR TENNESSEE INSURANCE GUARANTY FUND | WILLIAM ROSS BRADLEY | ||
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| Topic: | Workers’ compensation - Conflicting medical evidence |
| Summary of the Facts: | Nhan Neill was an employee of Waterway, Inc./Team America when he suffered an on-the-job injury to his right hand. Neill filed a petition to controvert with the Mississippi Workers’ Compensation Commission, alleging that he suffered compensable injuries to both upper extremities. The administrative law judge found that Neill had suffered a 60% loss of industrial use of the right upper extremity and a 60% loss of industrial use of the left upper extremity. The ALJ awarded Neill permanent partial disability benefits. Both the Commission and the circuit court affirmed the decision of the ALJ. Neill appeals. |
| Summary of Opinion Analysis: | Neill claims that because Waterway did not present any witnesses or refute the findings of a licensed psychologist and vocational expert who evaluated Neill on two occasions at the request of Neill’s attorney, then the expert’s opinion supports, as a matter of law, an award of permanent disability compensation. All of the medical proof found that Neill did suffer an impairment to both extremities. The expert evidence, however, on Neill’s impairment rating was conflicting, including evidence by Neill’s own expert witnesses. Thus, there is substantial evidence to support the findings of the Commission. |
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