228 So. 3d 848
Miss. Ct. App.2017Background
- On Oct. 3, 2013 James Crittenden (pipefitter) was struck in the right hip by a 70–80 lb pipe support that slipped from a forklift; both parties stipulated to a hip contusion.
- Crittenden later reported severe back pain, was diagnosed with spinal stenosis and (disputed) disc herniation, and sought workers’ comp benefits for a work-related back injury.
- Treating and examining physicians reached conflicting opinions: Dr. Winters linked the back injury to the incident (relying heavily on claimant history and reading of an MRI); Drs. Taylor, Karpitskaya, and Bomboy found no acute work-related back injury and/or concluded symptoms had resolved or were related to preexisting degenerative disease.
- The Administrative Judge found Crittenden met his burden and awarded compensability for the back injury; the Workers’ Compensation Commission reversed, concluding the weight of evidence did not prove a work-related back injury on Oct. 3, 2013.
- The Commission relied on inconsistencies in claimant’s reported history (earlier denials of back trouble, documented prior treatment with Dr. Cooper for radicular back pain) and conflicting medical opinions, finding substantial evidence supported denial of causation.
- The Mississippi Court of Appeals reviewed for substantial evidence and affirmed the Commission’s decision, deferring to the Commission as factfinder and credibility determiner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crittenden’s low-back condition was a compensable, work-related injury on Oct. 3, 2013 | Crittenden: his uncontradicted testimony and medical evidence support AJ’s finding of causation and compensability | KBR: medical records and prior treatment show a preexisting degenerative back condition; conflicting medical opinions and claimant’s inconsistent history undermine causation | Commission’s finding (no compensable work-related back injury) affirmed; substantial evidence supports rejecting causation |
Key Cases Cited
- Cook v. Home Depot, 81 So.3d 1041 (Miss. 2012) (standard of review — Commission findings reviewed for substantial evidence and not reweighed)
- Ladner v. Zachry Constr., 130 So.3d 1085 (Miss. 2014) (questions of law reviewed de novo)
- Barber Seafood Inc. v. Smith, 911 So.2d 454 (Miss. 2005) (appellate review standard and when court may overturn Commission)
- Raytheon Aerospace Support Servs. v. Miller, 861 So.2d 330 (Miss. 2003) (conflicting medical expert testimony — appellate courts will affirm Commission whether for or against claimant)
- Hamilton v. Southwire Co., 191 So.3d 1275 (Miss. Ct. App. 2016) (Commission’s responsibility to weigh medical evidence and credibility)