147 So. 3d 864
Miss. Ct. App.2014Background
- Pulliam, a direct care worker at Hudspeth, injured her lower back and right shoulder while assisting patients in March–April 2006; Hudspeth admitted compensability for lumbar, thoracic, and right-shoulder injuries but disputed causation for Chiari malformation and cervical issues.
- Pulliam treated with Dr. Charles Ozborn (treating physician) who diagnosed lumbar and thoracic strains, ordered an MRI revealing a disc protrusion and a Chiari malformation, and later placed Pulliam at MMI and totally disabled her.
- Hudspeth obtained an employer medical exam (Dr. Davis) who found the Chiari and cervical issues unrelated to the work injury but deferred MMI/impairment questions to a rehab specialist; the Commission ordered a second EME by Dr. David Collipp.
- The administrative judge admitted Collipp’s report into evidence over Pulliam’s objection that it lacked authentication under Commission Procedural Rule 9; the AJ and Commission relied on Collipp’s report to find MMI as of July 1, 2006, and no permanent disability.
- On appeal, the court held Collipp’s report was not properly authenticated and should not have been considered; it affirmed that Chiari and cervical conditions were not shown to be work-related but reversed the MMI and permanent-disability findings and remanded for proceedings using properly admitted evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission/authentication of Dr. Collipp’s report | Collipp’s report was inadmissible because it lacked an affidavit from Collipp or his records custodian as required by PR 9 | Report was admissible because it was attached to Dr. Davis’s report with Davis’s custodian affidavit and doctors practice in same clinic; Pulliam waived objection | AJ erred: Collipp’s report not properly authenticated; admission reversed and reliance on it requires remand |
| Causation of Chiari and cervical conditions | Work injury caused or aggravated Chiari/cervical problems; treating physician noted trauma can make Chiari symptomatic | Employer’s physicians (Dr. Davis, Collipp) opined Chiari and cervical issues unrelated to work injury | Affirmed for employer: substantial evidence supports finding Chiari and cervical issues not causally related to work injury |
| MMI date and entitlement to permanent disability | Pulliam argued she reached MMI later and may be entitled to permanent disability; treating doctor set a later MMI date | AJ relied on Collipp (improperly admitted) to find MMI July 1, 2006 and no permanent disability | Reversed as to MMI and permanent disability because the MMI finding rested on improperly admitted evidence; remanded for redetermination using properly admitted evidence |
| Employer liability for medical expenses (Chiari, disc, cervical) | Medical expenses for Chiari, T6-7 disc, and cervical treatment should be covered | Employer argued no causal link so not liable for those treatment costs | Affirmed for employer: Pulliam failed to show these conditions resulted from work injury, so employer not responsible |
Key Cases Cited
- Gregg v. Natchez Trace Elec. Power Ass’n, 64 So.3d 473 (Miss. 2011) (standard of appellate review of Commission decisions)
- Short v. Wilson Meat House LLC, 36 So.3d 1247 (Miss. 2010) (Commission as fact-finder; credibility determinations)
- Wayne Farms LLC v. Weems, 105 So.3d 1178 (Miss. Ct. App. 2012) (causal connection in workers’ compensation need only be supported by medical findings)
- Frito-Lay Inc. v. Leatherwood, 908 So.2d 175 (Miss. Ct. App. 2005) (medical testimony may establish causal connection)
- Barber Seafood, Inc. v. Smith, 911 So.2d 454 (Miss. 2005) (claimant not entitled to permanent disability until reaching MMI)
- Wesson v. Fred’s Inc., 811 So.2d 464 (Miss. Ct. App. 2002) (employer liability limited to reasonable, necessary medical treatment resulting from work injury)