Sanderson Farms, Inc. v. Johnson
| Docket Number: | 2009-WC-00840-COA Linked Case(s): 2009-WC-00840-COA ; 2009-CT-00840-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2010 Opinion Author: Irving, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Workers' compensation - Medical opinions- M.R.E. 702 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Dissenting Author : Carlton, J., dissents with separate written opinion. 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: PIKE COUNTY CIRCUIT COURT Judge: Michael M. Taylor Disposition: AFFIRMED THE DECISION OF THE WORKERS’ COMPENSATION COMMISSION AWARDING TEMPORARY AND TOTAL DISABILITY BENEFITS Case Number: 08-128-PCT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Sanderson Farms, Inc. |
DOUGLAS S. BOONE |
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| Appellee: | Debra F. Johnson | JOHN T. BALL | ||
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 - Medical opinions- M.R.E. 702 |
| Summary of the Facts: | Debra Johnson filed a petition to controvert with the Mississippi Workers’ Compensation Commission, alleging that she had suffered bilateral carpal tunnel syndrome while working at Sanderson Farms, Inc. An administrative judge concluded that Johnson had developed bilateral carpal tunnel syndrome on August 16, 2000, and awarded her temporary total disability benefits in the amount of $173.43 per week for the period commencing August 16, 2000, and ending November 22, 2003. The AJ later found that Johnson had suffered a permanent disability of ten percent to each hand and awarded her $173.43 per week for the period commencing November 22, 2003, and continuing for forty weeks. Sanderson Farms appealed to the Commission. The Commission affirmed the AJ’s finding of compensability for bilateral carpal tunnel syndrome and the award of temporary total disability benefits; however, the Commission reduced the amount of Johnson’s permanent disability rating to five percent in accordance with the medical bilateral impairment rating assigned to Johnson by one of her treating physicians. Sanderson Farms appealed to circuit court which affirmed. Sanderson Farms appeals. |
| Summary of Opinion Analysis: | Sanderson Farms argues that the Commission’s decision that Johnson suffered a work-related injury, i.e. carpal tunnel syndrome, is arbitrary and capricious, as the decision was not based upon medical opinions supported by scientific evidence. The crux of Sanderson Farms’ argument is that the AJ should have given more attention to the opinion of Dr. Hadler, who opined that carpal tunnel syndrome cannot occur from repetitive work activities, than to the opinions of Drs. Passman and Haimson. This is a classic case of conflicting opinions among physicians. Johnson’s treating physicians, Drs. Passman and Haimson, testified that Johnson developed carpal tunnel syndrome while working at Sanderson Farms. Moreover, Drs. McGraw and Voulters made the initial diagnosis. As noted, Dr. Hadler reached the opposite conclusion. The Commission was entitled to find the testimonies of Drs. Passman and Haimson more compelling than Dr. Hadler’s. Sanderson Farms also argues that the deposition testimonies of Drs. Passman and Haimson should have been excluded pursuant to the standard announced in Daubert and filed a motion to exclude their testimonies pursuant to M.R.E. 702. The Commission may look to rules of evidence or procedure which apply to courts of law to aid in the consideration of evidence, but it is not bound to strictly follow the rules proscribed for courts of law. Clearly, the testimonies offered by Drs. Passman and Haimson are relevant and are based on reliable information, as they acted as Johnson’s treating physicians and concluded, based on her EMG and NCS results, that she in fact suffered from carpal tunnel syndrome. Thus, it cannot be reasonably argued that their opinions are not based on objective evidence and are not based on data that will stand up to scientific inquiry. Sanderson Farms’ contention that there was no competent evidence before the Commission upon which it could legitimately base its finding is wholly without merit. |
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