Odom v. FedEx Ground Package Sys., Inc.
Docket Number: | 2009-WC-00444-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 11-10-2009 Opinion Author: ISHEE, J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Workers' compensation - Work-related injury Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): MAXWELL, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION |
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Trial Court: |
Date of Trial Judgment: 03-06-2009 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: CIRCUIT COURT AFFIRMED THE COMMISSION’S DENIAL OF WORKERS’ COMPENSATION BENEFITS Case Number: CI07-0048 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | JOSHUA LOWELL ODOM |
LEONARD BROWN MELVIN III |
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Appellee: | FEDEX GROUND PACKAGE SYSTEM, INC. | WILLIAM BIENVILLE SKIPPER |
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 |
Summary of the Facts: | Joshua Odom filed a petition to controvert while working part-time at FedEx Ground. The administrative law judge determined that Odom had not met his burden of proving that he had sustained a compensable work-related injury. Therefore, the judge denied Odom’s claim for workers’ compensation benefits. Odom appealed that ruling to the Commission, which affirmed the administrative law judge’s ruling. Odom then appealed to the circuit court, which affirmed the Commission’s decision. Odom appeals. |
Summary of Opinion Analysis: | Odom argues that the Commission erred in finding that he did not prove by a preponderance of the evidence that he suffered a compensable work-related injury. The Commission pointed out numerous contradictions and inconsistencies in Odom’s account. Not only was Odom’s account contradictory regarding the date of the alleged injury, but also his medical records were contradictory regarding whether the injury even occurred at work. When a patient gives a history to a physician which is inconsistent with allegations in a workers’ compensation case, this is a significant factor in support of denial of a claim. Odom’s various medical records reflect different accounts as to whether the injury occurred at home or at work and also as to when the injury occurred. Ultimately, the Commission is the judge of the credibility of the witnesses. The Commission’s decision to deny benefits to Odom was not the product of an error of law and was not arbitrary and capricious. |
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