Hardaway Co., et al. v. Bradley
| Docket Number: | 2002-WC-01025-COA Linked Case(s): 2002-CT-01025-SCT ; 2002-CT-01025-SCT ; 2002-CT-01025-SCT ; 2002-CT-01025-SCT ; 2002-CT-01025-SCT ; 2002-WC-01025-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-21-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Recommendation of surgery Judge(s) Concurring: McMillin, C.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Dissenting Author : Griffis, J. Dissent Joined By : Southwick, P.J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-09-2002 Appealed from: Hinds County Circuit Court Judge: Tomie Green Disposition: REVERSED THE FINDINGS OF THE FULL COMMISSION Case Number: 251-99-749 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Hardaway Company and St. Paul Fire and Marine Insurance Company |
ANDREW D. SWEAT
BRENDA CURRIE JONES |
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| Appellee: | Harvey Bradley | JESSIE L. EVANS DANA HELENE EVANS |
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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 - Recommendation of surgery |
| Summary of the Facts: | While working as a carpenter/finisher for The Hardaway Company, Harvey Bradley was injured when wet concrete was accidently poured onto his head and/or neck causing injury to his neck, back and arms. Hardaway and its workers' compensation insurance carrier paid Harvey temporary disability benefits in the amount of $12,282.67. Benefits were suspended because one of Bradley's treating physicians found that Bradley had reached maximum medical recovery from a physiatric perspective. Bradley filed a petition to controvert, and the administrative law judge ordered Hardaway to pay temporary total disability at the rate of $264.55 per week from November 1, 1996 to August 29, 1997. The Full Commission affirmed the administrative law judge, but the circuit court reversed the order of the Commission. Hardaway appeals. |
| Summary of Opinion Analysis: | It is the obligation of the employer to provide whatever is needed or is reasonably calculated to carry out the humanitarian purposes of the Workers' Compensation Act. As long as a particular treatment is deemed necessary and reasonable by a competent treating physician, the employee and carrier are obligated to furnish such treatment. Therefore, the employer is obligated to allow Bradley to have the surgery recommended by one of the physicians who treated him. Following surgery, if still indicated, and the appropriate period of recovery, it should be determined whether or not maximum medical recovery has indeed been achieved, and if so, whether any temporary or permanent partial disability exists. |
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