Miss. Security Police v. Patterson
| Docket Number: | 2009-WC-01511-COA Linked Case(s): 2009-WC-01511-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-15-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Workers' compensation - Work-related injury - Substantial evidence Judge(s) Concurring: Irving, P.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts and Maxwell, JJ. Dissenting Author : Carlton, J. 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: 08-20-2009 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: Affirmed Decision of Commission to Award Benefits and Medical Treatment Case Number: 2008-00,494(3) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mississippi Security Police and Commerce and Industry Insurance Company |
JEFFREY STEPHEN MOFFETT |
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| Appellee: | Susan Patterson | JACKYE C. BERTUCCI | ||
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 - Work-related injury - Substantial evidence |
| Summary of the Facts: | Susan Patterson suffered a work-related injury when she stepped out of a vehicle provided by her employer, Mississippi Security Police, and hurt her back. Patterson filed a petition to controvert with the Mississippi Workers’ Compensation Commission claiming to have sustained a loss of wage-earning capacity due to her injury. The administrative judge determined that Patterson had suffered a work-related injury and was entitled to all benefits and reasonable and necessary medical treatment. MSP appealed this decision to the Commission which affirmed the decision of the AJ. The circuit court affirmed the decision of the Commission. MSP appeals. |
| Summary of Opinion Analysis: | MSP argues that Patterson’s testimony was not credible because she failed to inform Dr. Fineburg during her first visit with him that she injured her back at work. The AJ noted that Patterson’s testimony contained several inconsistences. However, the AJ found that based upon the evidence presented, it was reasonable to find that Patterson did suffer a work-related injury. The AJ based her decision on the following: a co-worker’s testimony that he heard Patterson report the injury to her supervisor; Dr. Fineburg’s opinion that Patterson’s initial back problems were made acutely worse by the work injury that resulted in the need for surgery; and Dr. McCloskey’s opinion that the disc herniation that necessitated Patterson’s surgeries was caused, aggravated, or accelerated by her work injury. There was substantial evidence to support the Commission’s decision. |
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