Miss. Baptist Med. Ctr, et al. v. Murphy
| Docket Number: | 2010-WC-02019-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Irving, P.J. Holding: Vacated and remanded. |
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| Additional Case Information: |
Topic: Workers' compensation - Final judgment Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts and Russell, JJ. Non Participating Judge(s): 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: 11-02-2010 Appealed from: Rankin County Circuit Court Judge: William E. Chapman, III Disposition: AFFIRMED ORDER OF WORKERS’ COMPENSATION COMMISSION Case Number: 2010-200C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mississippi Baptist Medical Center and Reciprocal of America (Mississippi Insurance Guaranty Association a/k/a MIGA) |
DOUGLAS R. DUKE |
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| Appellee: | Billy Murphy | BILL WALLER SR. | ||
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 - Final judgment |
| Summary of the Facts: | Billy Murphy filed a workers’ compensation claim against Mississippi Baptist Medical Center. The circuit court affirmed the judgment of the Mississippi Workers’ Compensation Commission, which ordered Baptist to pay one-half of the costs of gastrointestinal treatment that Murphy received and one-half of the cost of a discogram procedure that Murphy had undergone. Baptist appeals. |
| Summary of Opinion Analysis: | It is clear that the Commission has not issued a final judgment or order in this case. Murphy filed claims against both Baptist and River Oaks. The administrative judge found that Murphy’s gastrointestinal issues were not related to the injuries he suffered while working for Baptist and River Oaks. Murphy appealed to the Commission, which issued an order in 2010, amending the findings of the AJ and requiring Baptist and River Oaks to share the costs of Murphy’s gastrointestinal treatments and a discogram procedure. However, the Commission’s order did not make any finding as to who would ultimately be liable for the costs of any treatments. In fact, the Commission explicitly ordered both Baptist and River Oaks to “share equally in the payment of the medical benefits awarded herein until it is determined which party is solely liable, at which time the liable Employer/Carrier must reimburse the other non-liable Employer/Carrier . . . .” The Commission then remanded the case to the AJ for additional proceedings. However, Baptist filed the present appeal and there is no indication of any further proceedings before the AJ. Thus, the circuit court’s judgment is vacated and this case is remanded to the Commission for further proceedings consistent with its order. |
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