Superior Manufacturing Group, Inc. v. Crabtree
| Docket Number: | 2010-WC-00534-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-17-2011 Opinion Author: Ishee, J. Holding: Dismissed. |
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| Additional Case Information: |
Topic: Workers' compensation - Jurisdiction - Interlocutory order Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, 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: 03-04-2010 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: Affirmed Commission's Allowance of Claimant's Motion to Reopen Claim |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Superior Manufacturing Group, Inc., Royal Indemnity Company and Twin City Fire Insurance Company |
C. PAIGE HERRING, AMY LEE TOPIK |
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| Appellee: | Bill Crabtree | JOLLY W. MATTHEWS III | ||
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 - Jurisdiction - Interlocutory order |
| Summary of the Facts: | Bill Crabtree performed several jobs for Superior Manufacturing Group, Inc. Crabtree’s first job with Superior was as an assembler where he put together industrial floor mats. He worked in this capacity for three years, which required that he use different materials such as corrugated steel, rubber, and tile to make floor mats. Crabtree was then transferred to the lamination department where his job was to place rolls of tile upside down on a table, spray them with glue, and then put foam on them to make a mat. Crabtree later became a forklift driver for Superior, delivering material to operators around the plant. Crabtree’s first claim for workers’ compensation stems from an incident in August 2003 when he was a forklift driver for Superior. He testified that he looked up at something high; and his right arm went numb, something that had not occurred before. When he took his arm down, he said the arm “would wake back up.” In November 2003, a lumbar MRI revealed a broad-based bulge at L4-5, a slight bulge at L5-S1, and degenerative changes of the lower spine. Superior denied that the alleged injury was work related. In March 2004, Crabtree alleged he sustained a second injury, this time to his back. Superior again denied that the second injury was work related. The AJ found that Crabtree had failed to carry his burden of showing a causal connection between the two alleged injuries and his job duties. The AJ’s seventeen-page decision was handed down on October 17, 2008, denying both claims. On November 3, 2008, Crabtree filed a petition to reopen. The AJ granted Crabtree’s motion to reopen, and she granted a discovery period of ninety additional days. Superior appealed the AJ’s order to the Commission, which affirmed the order. Superior then appealed the Commission’s decision to the circuit court, which also affirmed the Commission’s decision to reopen the case. Superior appeals. |
| Summary of Opinion Analysis: | Interlocutory orders by the Workers' Compensation Commission are not appealable. Further, an appeal may not be taken unless the Commission’s order is final. The AJ ordered this case to be reopened to allow for additional medical evidence. The Commission and the circuit court affirmed that decision. Currently, the case is open pending presentation of the medical evidence. Thus, this case is dismissed for lack of jurisdiction. |
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