Int'l Staff Mgmt. v. Stephenson
| Docket Number: | 2008-WC-01641-COA Linked Case(s): 2008-WC-01641-COA ; 2008-CT-01641-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-09-2010 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Compensable injuries - Section 71-3-7 - Section 71-3-3 - Benefits Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL-WORKERS’ COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 08-25-2008 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: AFFIRMED AWARD OF WORKERS’ COMPENSATION BENEFITS TO STEPHENSON Case Number: 2007-0247 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | INTERNATIONAL STAFF MANAGEMENT AND
LEGION INSURANCE COMPANY |
H. MITCHELL COWAN, F. HALL BAILEY |
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| Appellee: | TAKISHA STEPHENSON | D. BRIGGS SMITH, JR. | ||
| Appellee #2: | ||||
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 - Compensable injuries - Section 71-3-7 - Section 71-3-3 - Benefits |
| Summary of the Facts: | The administrative law judge entered an order finding that Takisha Stephenson had reached maximum medical improvement and was due no benefits. Stephenson appealed to the Workers’ Compensation Commission which reversed, finding that benefits were wrongfully denied. International Staff Management and Legion Insurance Company, her employers, appealed to circuit court which affirmed the Commission’s decision. International appeals. |
| Summary of Opinion Analysis: | Issue 1: Compensable injuries International argue that the Commission erred in finding that Stephenson’s injuries from the shooting were compensable injuries, because the motive for shooting Stephenson was purely personal, having to do with an alleged relationship between Stephenson and the shooter. Section 71-3-7 provides that compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to fault as to the cause of the injury or occupational disease. Injury under section 71-3-3 includes both an accidental injury and an injury caused by the willful act of a third person directed against an employee because of his employment while so employed and working on the job. The determination of whether a third party’s intentional tort against an employee is compensable is a factual determination for the Commission. Here, none of Stephenson’s coworkers suspected any romantic involvement between her and the shooter, and Stephenson denied that they had been having an affair. Furthermore, a rumor circulating around One Source was that Stephenson was the one who fired the shooter. Ultimately, the ALJ found the case to be doubtful as to whether the existence of any real or imagined relationship between the shooter and Stephenson was the sole cause of her injuries. Therefore, the ALJ found that it was proper to resolve the claim in Stephenson’s favor. It was not until after the shooter was fired that he appeared to target and eventually shoot Stephenson. Furthermore, when Stephenson returned to the office and was shot, she was responding to what she believed was a request from her supervisor. Issue 2: Benefits The present issue involves the conflicting neuropsychological evaluations performed by two doctors. It is for the Commission to judge the reliability of conflicting expert opinions. Thus, the Commission’s decision, to award Stephenson permanent total disability benefits, is not clearly erroneous or against the overwhelming weight of the evidence. |
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