James Curry, Jr. v. Ashley Furniture Industries and Trumbull Insurance Company;, NO. 2019-WC-01464-COA

Feb 2016: Curry alleged a work-related back injury at Ashley Furniture; MRI/clinical care showed a herniated/"slipped" L5–S1 disc and providers discussed surgery.
Curry had prior back injuries (1997, 1999) with prior settlements, and also was in an April 2016 car wreck that produced cervical and lumbar findings.
May 2016: Curry filed a petition for workers’ compensation; after two attorneys withdrew, Curry and Ashley jointly petitioned to settle for a $2,500 lump sum; the Commission approved the full compromise settlement Jan. 25, 2017 (no attorney fees deducted).
Oct. 2017: Pro se Curry moved to reopen under Miss. Code §71‑3‑53, claiming he thought the injury was a "pulled muscle" when he settled and only later (while incarcerated July 2017–Apr. 2018) learned he had a slipped disc.
The administrative judge denied reopening, finding medical records and Curry’s testimony showed he knew his diagnosis and treatment options before settlement and that post‑settlement worsening was attributable to incarceration/other causes; the full Commission affirmed and the court affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Commission abused its discretion by denying Curry's motion to reopen under Miss. Code §71‑3‑53 for mistake of fact or change in condition	Curry: He misunderstood the severity when settling (thought it was a pulled muscle), was "duped," and later discovered he had a slipped disc — this warrants reopening	Ashley: Records show Curry knew of the slipped disc and surgical options pre‑settlement; any later worsening is unrelated to the Ashley injury (e.g., incarceration, car wreck)	Affirmed. Commission did not abuse discretion; substantial evidence supports AJ that no mistake of fact and no relevant change in condition attributable to Ashley injury

Ga.-Pac. Corp. v. Gregory, 589 So. 2d 1250 (Miss. 1991) (reopening statute is discretionary)
Armstrong Tire & Rubber Co. v. Franks, 137 So. 2d 141 (Miss. 1962) (appellate courts defer to Commission absent abuse of discretion)
Huey v. RGIS Inventory Specialists, 269 So. 3d 362 (Miss. Ct. App. 2018) (affirmance proper if any reasonable basis exists)
Smith v. CompFirst/L.C. Indus., 186 So. 3d 873 (Miss. Ct. App. 2015) (§71‑3‑53 grants discretionary authority to reopen, not a right)
Gregg v. Natchez Trace Elec. Power Ass'n, 64 So. 3d 473 (Miss. 2011) (Commission is ultimate fact‑finder; credibility determinations will not be reweighed)
Mabus v. Mueller Indus. Inc., 205 So. 3d 677 (Miss. Ct. App. 2016) (when Commission affirms AJ without additional findings, appellate review looks to AJ's factual findings)