Pearson v. Lighthouse Point Casino
| Docket Number: | 2009-WC-00908-COA Linked Case(s): 2009-WC-00908-COA ; 2009-CT-00908-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-08-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Workers' compensation - Statute of limitations - Section 71-3-35 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: 05-12-2009 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: AFFIRMED RULING OF WORKERS’ COMPENSATION COMMISSION Case Number: 2008-0235-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JaDonna Pearson |
DAVID N. GILLIS |
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| Appellee: | Lighthouse Point Casino and Federal Insurance Company | MARK W. VERRET, BRETT MICHAEL BOLLINGER | ||
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 - Statute of limitations - Section 71-3-35 |
| Summary of the Facts: | Jadonna Pearson sustained an injury to her head, neck, upper back, and shoulders when a large piece of glass fell from the top of a slot machine at Lighthouse Point Casino. Pearson sought treatment at the Delta Regional Medical Center emergency room on the day of the accident. Pearson later went to Leland Medical Clinic with complaints of neck and shoulder pain and headaches from her accident at Lighthouse. Pearson was recommended to have a CT scan and visit a chiropractor at the Dorsey Chiropractic Clinic. Lighthouse and its carrier, Federal Insurance Company, paid for Pearson’s medical treatment rendered at Delta Regional and Leland, but they did not pay for treatment at Dorsey Chiropractic. They also did not pay temporary total disability benefits. Pearson filed a petition to controvert more than two years after she was injured at Lighthouse. The administrative law judge dismissed Pearson’s petition as time-barred by section 71-3-35, the two-year statute of limitations. The administrative law judge’s order was affirmed by the full commission and by the circuit court. Pearson appeals. |
| Summary of Opinion Analysis: | Pearson argues that she is entitled to disability benefits and medical treatment for a two-year period from the date of injury on October 17, 2005, until October 17, 2007. The two-year statute of limitations for filing a petition to controvert runs from the time of injury and applies in instances where there has been no payment of disability income benefits or nonburial death benefits. In the present case, there were no disability benefits paid. Therefore, the two-year statute of limitations bars Pearson’s petition to controvert. |
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