Smith v. CompFirst/L.C. Industries
2015 Miss. App. LEXIS 391
Miss. Ct. App.2015Background
- 2001 work-related shoulder injury leads to controverted claim.
- 2002 AJ award: 100% loss of use of right upper extremity with permanent partial disability; temporary total disability for gaps between 2001-2002.
- Finality of 2004 lump-sum disability payment; ongoing medical treatment continued after final payment notice.
- 2004 Form B-31 final payment notice filed; medical benefits continued and were paid by employer/carrier.
- May 2013 motion to reopen alleging changed conditions or mistake in fact; Commission initially granted, then reversed as barred by res judicata.
- Majority holds the one-year trigger in §71-3-53 not satisfied by absence of last payment/rejection, but ongoing medicals toll the period, giving Commission jurisdiction to reopen if change in conditions or mistake shown; remands to determine if reopening is warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper trigger for §71-3-53 reopening | Smith argues statute remains open due to ongoing medicals | Commission held no trigger without last payment or rejection | Statute runs until one year after last payment or claim rejection; tolling possible due to ongoing medicals; remand to consider change in condition. |
| Whether Commission erred by not considering change in condition | Requests reopening based on changed conditions | Res judicata precludes re-litigation unless §71-3-53 applies | Commission failed to consider change-in-condition; remanded to determine if condition changed and whether to reopen. |
| Effect of res judicata on reopening | Res judicata does not bar reopening where §71-3-53 applies | Res judicata bars relitigation of previously adjudicated issues | Dissent argues res judicata bars reopening; majority bases on §71-3-53 to allow reopening; remand to assess change in conditions. |
| Role of Commission discretion under §71-3-53 | Discretion should be exercised to reopen if warranted | Discretion not compelled; must meet statutory triggers | Court remands to allow the Commission to exercise discretion if prerequisites are met. |
Key Cases Cited
- Broadway v. Int'l Paper, Inc., 982 So.2d 1010 (Miss. Ct. App. 2008) (tolling of one-year period by continued medical benefits)
- Henton v. North Miss. Med. Ctr., 317 So.2d 373 (Miss. 1975) (change in physical condition doctrine and burden of proof)
- Empire Home Builders v. Guthrie, 187 So.2d 17 (Miss. 1966) (one-year limitations start after notice (Form B-31))
- City of Kosciusko v. Graham, 419 So.2d 1005 (Miss. 1982) (form notice and finality; interplay with reopening)
- McLemore v. Jackson Tile Mfg. Co., 252 So.2d 781 (Miss. 1971) (Rule 17 and reopening under §71-3-53)