Waffle House, Inc. v. Allam
Docket Number: | 2006-WC-00840-COA Linked Case(s): 2006-WC-00840-COA2006-CT-00840-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 07-17-2007 Opinion Author: Griffis, J. Holding: AFFIRMED AND REMANDED |
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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 |
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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 |
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Appellee: | KIMBERLY ALLAM | TINA L. NICHOLSON |
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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. |
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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