Hosp. Housekeeping Sys., Inc. v. Townsend
| Docket Number: | 2007-WC-00500-COA Linked Case(s): 2007-WC-00500-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: ROBERTS, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Workers’ compensation - Burden of proof - Causal connection - Substantial evidence Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Non Participating Judge(s): KING, C.J. Dissenting Author : IRVING, J., without separate written opinion. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 03-06-2007 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: AFFIRMED COMMISSION’S AWARD OF BENEFITS Case Number: 06-CV-101(W) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | HOSPITAL HOUSEKEEPING SYSTEMS, INC. AND CLARENDON NATIONAL INSURANCE COMPANY |
JAY R. MCLEMORE |
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| Appellee: | MARY WOODS TOWNSEND | JOHN DOYLE MOORE, DOUGLAS M. ENGELL | ||
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 - Burden of proof - Causal connection - Substantial evidence |
| Summary of the Facts: | While working for Hospital Housekeeping Systems, Inc., Mary Townsend was injured while emptying a container filled with cleaning supplies. She immediately received treatment for the physical injuries sustained and made a full recovery. However, Townsend later alleged that she suffered from depression and anxiety secondary to the accident. The Mississippi Workers’ Compensation Commission found that Townsend was permanently totally disabled and awarded her benefits. HHS appealed the Commission’s decision to circuit court which affirmed. HHS appeals. |
| Summary of Opinion Analysis: | Issue 1: Burden of proof In the typical workers’ compensation case involving a physical work related injury, the claimant is held to a fair preponderance of the evidence standard. However, when the claimant seeks benefits as a result of a compensable mental injury, the burden of proof is raised to clear and convincing evidence of a causal connection between the injury and employment. HHS argues that the ALJ held Townsend to the more common preponderance of the evidence standard rather than the clear and convincing standard accompanying a claim of mental injury. Townsend claims HHS did not raise the issue of burden of proof before either tribunal. While it is true that HHS did not raise an issue specifically challenging the burden of proof used by the ALJ, HHS did argue before the Commission and circuit court that the ALJ’s decision was not supported by the evidence. Such a challenge impliedly includes the issue of whether the ALJ held the claimant to the correct burden of proof. As to HHS’s claim that the ALJ did not hold Townsend to the appropriate burden of proof, the record does not support HHS’s position. While it is true that the ALJ’s opinion did not affirmatively state that Townsend’s burden of proof was clear and convincing evidence, it likewise did not state that the lower burden of a fair preponderance of the evidence was used. Additionally, the opinion does not imply that Townsend was held to the lower burden. Issue 2: Substantial evidence In order for Townsend to have sufficiently demonstrated a causal link between the November 30, 2001, incident and her depression and anxiety, she was required to overcome her burden of proof by clear and convincing evidence. Such evidence showing the causal connection between Townsend’s mental problems and the incident is not present in the record. The record shows that the doctor diagnosed Townsend with a mental disorder. However, while the medical records show that Townsend consistently attributed her condition to the incident, the doctor never did so. Thus, the record lacks substantial evidence to support the Commission’s finding that Townsend’s mental problems were shown to be causally connected to the chemical incident by clear and convincing evidence. |
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