Peters v. Belk, Inc.


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Docket Number: 2010-WC-00438-COA
Linked Case(s): 2010-WC-00438-COA ; 2010-CT-00438-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-01-2011
Opinion Author: Irving, J.
Holding: Affirmed.

Additional Case Information: Topic: Workers' compensation - Burden of proof - Permanent disability
Judge(s) Concurring: King, C.J., Lee, P.J., Myers, P.J., Griffis, Ishee, Roberts and Carlton, JJ.
Non Participating Judge(s): Barnes and Maxwell, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 02-08-2010
Appealed from: Lee County Circuit Court
Judge: Paul S. Funderburk
Disposition: Affirmed Commission's Order Awarding Workers' Compensation Benefits for Cervical Strain and Denying Benefts for Psychological Injury
Case Number: CV08-011(PF)L

  Party Name: Attorney Name:  
Appellant: Brenda Peters




STEVEN H. FUNDERBURG



 

Appellee: Belk Incorporated and Liberty Mutual Insurance Company GEORGE E. READ, GINGER M. ROBEY  

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Topic: Workers' compensation - Burden of proof - Permanent disability

Summary of the Facts: Brenda Peters filed a petition to controvert, alleging that she had injured her cervical spine while lifting boxes within the course and scope of her employment with Belk, Inc. Peters also alleged that the cervical-spine injury had resulted in depression. Belk and its insurance carrier, Liberty Mutual Insurance Company, admitted that Peters had suffered a cervical-spine injury, but disputed the extent of Peters’s disability. Belk and Liberty denied that benefits were owed for any psychological or mental injury. A hearing was held before an administrative judge, who found that Peters had suffered a psychological injury related to her cervical-spine injury. The AJ concluded that Peters was permanently and totally disabled. Belk and Liberty appealed the AJ’s decision to the Mississippi Workers’ Compensation Commission which reversed the decision. However, the Commission awarded Peters temporary total-disability benefits. Peters appealed to circuit court which affirmed. Peters appeals.

Summary of Opinion Analysis: Issue 1: Burden of proof Peters argues that the Commission improperly evaluated the evidence of her psychological injury under the “clear and convincing” standard. However, a review of this state’s precedent shows that ‘clear evidence’ and ‘clear and convincing evidence’ are used synonymously, and apply to a claimant’s burden of proof under either a mental/mental or physical/mental case. Issue 2: Permanent disability Peters argues that the Commission’s denial of benefits for her depression and its finding that she was not permanently and totally disabled are not supported by substantial evidence and, consequently, are arbitrary and capricious. The Commission noted that the only evidence that Peters presented in support of her claim that her depression was causally related to her physical injury came from Peters’s psychiatrist who admitted that his belief was “speculation.” Two other physicians who evaluated Peters at the request of Belk and Liberty, both opined that there was no causal relation between Peters’s depression and her work-related injury. The Commission did not err in relying on the opinions of the two physicians, especially when the psychiatrist admitted that his conclusions were mere speculation


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