Romine v. Allied Waste North America, Inc.
| Docket Number: | 2009-WC-01526-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Workers' compensation - Causal connection Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS’ COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 08-21-2009 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: DECISION OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION TO DENY BENEFITS AFFIRMED Case Number: 2008-00,171(3) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | James D. Romine |
ROBERT H. TYLER |
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| Appellee: | Allied Waste North America, Inc. a/k/a BFI and American Home Assurance Company | STEPHEN A. ANDERSON, M. JASON SUMRALL | ||
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 - Causal connection |
| Summary of the Facts: | James Romine was employed by BFI as a garbage collector and garbage-truck driver. He filed two petitions to controvert with the Mississippi Workers’ Compensation Commission alleging that on May 21, 2002, and then again on August 6, 2002, he was exposed to toxic and hazardous materials during the course and scope of his employment. Romine alleged that he sustained injury to his neurological system which has caused him to suffer severe involuntary-movement disorder (dystonia). The Administrative Judge entered an order finding that Romine’s current condition was not causally related to the exposure of chemicals on the dates in question. The AJ’s decision was affirmed by the full Commission and the circuit court. Romine appeals. |
| Summary of Opinion Analysis: | Romine argues that the record is void of substantial, credible evidence to support the AJ’s findings, which were adopted without additional comment or modification by the Commission, that Romine’s dystonic condition was not shown to be causally connected to the chemical incidents of May and August 2002. He further argues that reversal is necessary based on the credibility of the employer/carrier’s retained expert. Although it is undisputed that Romine suffers from dystonia after the August incident, the AJ and the Commission found that Romine had not shown by a preponderance of the evidence that he was exposed to chemicals that would cause dystonia. Or, alternatively, he was not exposed to the chemicals long enough to cause the disorder. The Commission is the judge of the credibility of witnesses. If the Commission finds the testimony to be untrustworthy or unreliable, the Commission has the authority to reject it. The decision of the Commission, and the subsequent affirmation of that decision by the circuit court, that Romine failed to satisfy his burden of proof in establishing a causal connection between his movement disorder and a work-related injury is supported by substantial evidence. |
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