Miss. Baptist Med. Ctr., et al. v. Dependents of Mullett
| Docket Number: | 2002-WC-01157-COA Linked Case(s): 2002-WC-01157-COA ; 2002-CT-01157-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - “Found dead” presumption - Apportionment - Section 71-3-7 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas and Lee, JJ. Dissenting Author : Griffis, J. Dissent Joined By : Irving and Chandler, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 06-03-2002 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: ORDER OF THE MISSISSIPPI WORKERS’ COMPENSATION COMMISSION IS AFFIRMED. Case Number: 251-01-1128 CIV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mississippi Baptist Medical Center and The Virginia Insurance Reciprocal |
DOUGLAS R. DUKE |
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| Appellee: | Dependents of Frank E. Mullett | JOHN GRIFFIN JONES |
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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 - “Found dead” presumption - Apportionment - Section 71-3-7 |
| Summary of the Facts: | Frank Mullett was found dead at his work station at Mississippi Baptist Medical Center where he worked as project manager for Baptist’s information technology department. An administrative law judge found that there was sufficient evidence to rebut the “found dead” presumption and dismissed the workers' compensation claim of Frank’s widow. The Full Workers' Compensation Commission reversed the judge’s findings, and ordered full death benefits to Frank’s dependants. The circuit court affirmed, and Baptist appeals. |
| Summary of Opinion Analysis: | Issue 1: “Found dead” presumption Baptist argues that the “found dead” presumption of workers’ compensation law does not apply to the facts of this case. When an employee is found dead at a place where his duties require him to be or where he might properly be in the performance of his duties during work hours in the absence of evidence that he was not engaged in his employer's business, there is a presumption that the accident arose out of and in the course of his employment. The burden is on the employer to rebut the presumption. The presumption applies in this case, as Frank was found dead in his cubicle, where he performed most of his duties. Baptist’s evidence in rebuttal (Frank was in relatively good health, he suffered from chronic hypertension, a co-worker who met with him shortly before his death could not tell if he was under stress or not feeling well, and a medical doctor who never examined Frank stated that Frank’s job did not contribute to his heart attack) is based on assumptions and does not add up to substantial credible evidence. Issue 2: Apportionment Baptist argues that any recovery should be apportioned according to section 71-3-7. Where the cause of death is unknown, apportionment is inappropriate. Since the cause of the heart attack is unknown, there can be no apportionment. |
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