Moffett v. Howard Industries, Inc.
| Docket Number: | 2006-WC-01313-COA Linked Case(s): 2006-WC-01313-COA ; 2006-CT-01313-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Reasonable and necessary surgery Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE 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: 07-21-2006 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: AFFIRMED DECISION OF THE COMMISSION Case Number: 2006-69-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | JAMES MOFFETT |
LEONARD BROWN MELVIN |
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| Appellee: | HOWARD INDUSTRIES, INC. | DOUGLAS S. BOONE |
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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 - Reasonable and necessary surgery |
| Summary of the Facts: | James Moffett suffered an injury to his back while working for Howard Industries, Inc. After conservative treatment and following evaluations by several physicians, one physician suggested surgery. To determine whether the proposed surgery was reasonable and necessary, the administrative judge ordered an independent medical evaluation. Although the result was an opinion that surgery was not needed, no order was issued as to whether the proposed surgery was reasonable and necessary. Notwithstanding the absence of an order, Moffett proceeded to have the surgery. The procedure was later determined not to have been reasonable and necessary by the administrative judge. This decision was affirmed by the Full Commission and the circuit court. Moffett appeals. |
| Summary of Opinion Analysis: | Moffett argues that the Commission’s finding that the surgery was not reasonable and necessary was clearly erroneous and not supported by substantial evidence. The Commission was presented with numerous reports and deposition testimony from various medical professionals. Based upon the reports and testimony of these professionals, the Commission’s decision did not lack substantial evidence. Moffett also argues that his surgery should be deemed inherently reasonable and necessary because the doctor testified that he discovered disc herniation during the surgery. The fact that the doctor found herniation does not negate the other physicians’ opinions or, under the facts presented, prove, in and of itself, that the surgery was reasonable and necessary. |
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