Waffle House, Inc. v. Allam


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Docket Number: 2006-WC-00840-COA
Linked Case(s): 2006-WC-00840-COA2006-CT-00840-SCT

Court of Appeals: Opinion Link
Opinion Date: 07-17-2007
Opinion Author: Griffis, J.
Holding: AFFIRMED AND REMANDED

Additional Case Information: Topic: Workers’ compensation - Credibility of claimant
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS’ COMPENSATION

Trial Court: Date of Trial Judgment: 04-17-2006
Appealed from: Hinds County Circuit Court
Judge: Bobby DeLaughter
Disposition: REVERSED THE RULING OF THE WORKERS’ COMPENSATION COMMISSION THAT INJURY WAS NOT COMPENSABLE
Case Number: 251-05-1034

  Party Name: Attorney Name:  
Appellant: WAFFLE HOUSE, INC., SELF-INSURED




GARY K. JONES MARY FRANCES S. ENGLAND



 

Appellee: KIMBERLY ALLAM TINA L. NICHOLSON  

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Topic: Workers’ compensation - Credibility of claimant

Summary of the Facts: Kimberly Allam filed a workers’ compensation claim against her employer, Waffle House, Inc., for injuries sustained when she fell while unloading boxes from a delivery truck. The Workers’ Compensation Commission held that her injury was not compensable. The circuit court reversed the Commission’s decision. Waffle House appeals.

Summary of Opinion Analysis: Waffle House argues that the Commission was able to determine Allam’s credibility and reject her testimony on that basis and that Allam’s testimony was wholly uncorroborated and contradicted by the medical records. When the claimant’s testimony is undisputed and not so unreasonable as to be unbelievable, taking into account the factual setting of the claim, her testimony generally ought to be accepted as true. The Commission’s denial of Allam’s claim was not supported by substantial, credible evidence. It is undisputed that she contemporaneously and consistently reported her work injury to three supervisors, as well as doctors. She had no history of back trouble before this time. Her claim is not contradicted by the fact that she used her personal insurance to pay for her visits. Her medical records corroborate the time, nature and origin of her injury. Absent affirmative evidence to the contrary, Allam’s evidence remained uncontradicted.


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