Thomas v. Pascagoula Mun. Separate Sch. Dist., et al.
| Docket Number: | 2002-WC-00898-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-26-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Causal connection - Expert testimony Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, 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: 06-10-2002 Appealed from: Jackson County Circuit Court Judge: Dale Harkey Disposition: CIRCUIT COURT AFFIRMED THE DECISION OF THE FULL COMMISSION DENYING WORKERS' COMPENSATION BENEFITS. Case Number: 01-00332(3) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Linda Thomas |
FLOYD J. LOGAN |
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| Appellee: | Pascagoula Municipal Separate School District and Reliance National Insurance Company | KELLY PENDERGRASS DEES KARL R. STEINBERGER |
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| Topic: | Workers’ compensation - Causal connection - Expert testimony |
| Summary of the Facts: | While employed by the Pascagoula Municipal Separate School District as a custodian, Linda Thomas claimed that she slipped and fell on a recently-mopped gymnasium floor. The Mississippi Workers' Compensation Commission concluded that she had failed to carry her burden of showing that her alleged disabling injury was traceable to an on-the-job accident and denied her claim for benefits. Thomas appealed to circuit court which affirmed. She appeals. |
| Summary of Opinion Analysis: | A claimant has the burden of proving accidental injury; arising out of and in the course of employment; and a causal connection between the injury and the claimed disability. There is no legitimate dispute that Thomas suffered from a herniated disc of sufficient severity that surgical repair of the damaged disc was required. The pivotal issue is whether Thomas met her burden of proving that her fall at work either caused the herniated disc or substantially aggravated an existing back condition that previously had not been of sufficient severity to impair her ability to perform the normal duties of her job. Generally, the issue of establishing the necessary link between an occurrence at work and a later-ensuing disability must be supplied by the expert testimony of a health care provider. In this case, the expert evidence showing a connection between Thomas's fall at work and her herniated disc was not particularly persuasive. On the other hand, the Commission heard competent opinion evidence that Thomas’s disc injury was not caused by a work-related accident. Therefore, there is substantial evidentiary support for the proposition that Thomas did not carry her burden of showing that her back injury arose out of an incident connected with her employment. |
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