Craft v. Millcreek Rehab. Ctr., et al.
| Docket Number: | 2002-WC-01106-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Last injurious exposure rule - Intervening cause rule Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 06-28-2002 Appealed from: Simpson County Circuit Court Judge: Robert Evans Disposition: AFFIRMED THE ORDER OF THE FULL COMMISSION. Case Number: 2002-184 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jennie S. Craft |
J. PEYTON RANDOLPH
JOHN DAVID GARNER |
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| Appellee: | Millcreek Rehabilitation Center and Argonaut Insurance Company | KENNETH G. PERRY |
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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 - Last injurious exposure rule - Intervening cause rule |
| Summary of the Facts: | Jennie Craft filed a claim against Millcreek Rehabilitation Center alleging that she suffered an injury to her right foot while in the course and scope of her employment at Millcreek which rendered her permanently and totally disabled. An administrative law judge decided in her favor. Millcreek appealed to the Full Commission which reversed. Craft appealed to circuit court which affirmed. Craft appeals. |
| Summary of Opinion Analysis: | Craft argues that the Commission and circuit court applied the wrong legal standard regarding apportionment and pre-existing injury claims and that there was not substantial evidence to support their decisions. The "last injurious exposure" rule requires proof that something occurred during the subsequent employment that had a causal relation to the disability. The "intervening cause" rule requires the subsequent employment to independently contribute to the disability in order be held liable. If the subsequent employer does not contribute even slightly to the causation of the disabling injury, the first employer remains liable for all. Craft claimed that working for her subsequent employer aggravated her injuries. Although the Commission did not refer to the "intervening cause" rule, it did find that any aggravation Craft may have suffered at Millcreek did not independently contribute to her final disability. The Commission did refer to the "last injurious exposure" rule and found that Craft presented no evidence other than her own testimony linking her employment with Millcreek to her injury. The Full Commission applied the correct legal standard and there was substantial evidence to support its order. |
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