Anthony v. Town of Marion
2012 Miss. App. LEXIS 361
Miss. Ct. App.2012Background
- Anthony, a former police officer for the Town of Marion, alleged a May 2006 weapon-qualifying incident caused a compensable neck/arm/leg injury.
- She failed shotgun qualification on May 2, 2006; Chief Langston provided ammunition for at-home practice and later issued a new shotgun after a malfunction.
- Anthony reported numbness and neck/arm symptoms beginning May 16, 2006; she did not disclose work-related injury during early medical visits.
- MRI in June 2006 showed cervical disc herniations at C4-5 and C5-6; Dr. Malloy later performed surgery (Nov. 2006) with a return-to-work release on Jan. 29, 2007.
- Employer letters in January 2007 indicated extended medical leave and full-duty return requirements; Anthony was ultimately terminated February 2007 for lack of communication about return.
- PERS granted duty-related disability benefits; AFLAC disability forms appeared to reference a work-related injury, but conflicting evidence existed about whether the injury was work-related.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Commission findings are supported by substantial evidence | Anthony argues the record shows a compensable injury tied to shotgun recoil. | Marion contends medical evidence is equivocal and insufficient; burden remains on Anthony. | Supported; Commission's denial upheld. |
| Whether PERS benefits imply a compensable work injury | PERS approval for duty-related benefits proves work-related causation. | PERS determinations do not control workers’ compensation conclusions. | Without merit; PERS is distinct from workers’ comp. |
| Whether failure to report promptly nullifies the claim | Delay was not sole basis; other evidence supports injury. | Delay supports denial under standard cases and totality of evidence. | No reversible error; totality of evidence supports denial. |
| Whether admission by town officials created liability | Rasco AFLAC forms show recognition of work-related injury. | Evidence was contradicted and not conclusive; admissions were rebutted. | No reversible error; admission insufficient to establish liability. |
Key Cases Cited
- Bryan Foods, Inc. v. White, 913 So.2d 1003 (Miss.Ct.App.2005) (defer to Commission; substantial evidence standard)
- Mabry v. Tunica County Sheriff’s Dep’t, 911 So.2d 1038 (Miss.Ct.App.2005) (burden shifts to employer after prima facie case)
- Pub. Employees’ Ret. Sys. v. Stamps, 898 So.2d 664 (Miss.2005) (PERS law separate from workers’ comp)
- Airtran v. Byrd, 953 So.2d 296 (Miss.Ct.App.2007) (causal connection proven by medical proof to reasonable degree)
- Reynolds v. McGehee, 220 Miss. 750, 71 So.2d 780 (1954) (admission against interest; need cogent proof to overcome)