Hopper v. Krevinec
| Docket Number: | 2009-WC-00206-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-19-2010 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Work-related injury - Medical records Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 01-28-2009 Appealed from: Harrison County Circuit Court Judge: Lisa P. Dodson Disposition: AFFIRMED WORKERS’ COMPENSATION COMMISSION DECISION DENYING WORKERS’ COMPENSATION BENEFITS Case Number: A2402-2008-00021 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JOSEPH HOPPER |
JAMES KENNETH WETZEL |
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| Appellee: | JOE KREVINEC D/B/A JOE’S GARAGE AND AMERICAN HOME ASSURANCE COMPANY | AMY LEE TOPIK, ALISON B. BAKER | ||
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 - Work-related injury - Medical records |
| Summary of the Facts: | Joseph Hopper filed a workers’ compensation claim against his employer, Joe Krevinec d/b/a Joe’s Garage, alleging two work-related neck injuries. The administrative law judge denied workers’ compensation benefits. Hopper appealed to the Mississippi Workers’ Compensation Commission and filed a motion to introduce additional evidence. The Commission affirmed the order of the ALJ but remanded the case for consideration of Hopper’s motion for additional evidence. Upon remand, the ALJ allowed a report from Hopper’s treating physician, a neurosurgeon, to be introduced into evidence. After considering the additional evidence, the ALJ issued a second order, reversing the first order and finding that benefits should be awarded. Krevinec and American Home Assurance Company, the workers’ compensation carrier, appealed to the Commission. The Commission reversed the order of the ALJ, found that the injuries were not work related, and dismissed the claim. Hopper appealed to circuit court which affirmed. Hopper appeals. |
| Summary of Opinion Analysis: | Hopper argues that the ALJ’s order and the Commission’s original decision, finding that his injury was compensable, were correct and should be upheld. The medical records did not reflect that the injury was work related, and Hopper’s supervisor testified that he had no knowledge that Hopper was claiming to have a work-related injury until the petition to controvert was filed. The records from Hopper’s visit to Gulfport Memorial Hospital indicated that he had no trauma and that his condition was not due to an on-the-job incident. The Commission found that the neurosurgeon’s testimony was not reliable because it was based solely on Hopper’s version of the events. The Commission found that Hopper’s claim was mainly supported by his own testimony. The Commission serves as the ultimate fact finder in addressing conflicts in medical testimony and opinion. Here, the Commission’s findings were supported by medical testimony and the inconsistencies between Hopper’s testimony and the medical records. |
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