Bradford Seafood Co. v. Alexander

785 So. 2d 321, 2001 Miss. App. LEXIS 209, 2001 WL 537896
CourtCourt of Appeals of Mississippi
DecidedMay 22, 2001
DocketNo. 2000-WC-00585-COA
StatusPublished

This text of 785 So. 2d 321 (Bradford Seafood Co. v. Alexander) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradford Seafood Co. v. Alexander, 785 So. 2d 321, 2001 Miss. App. LEXIS 209, 2001 WL 537896 (Mich. Ct. App. 2001).

Opinion

MYERS, J.,

for the Court:

PROCEDURAL HISTORY

¶ 1. This is the second appeal from Bradford Seafood Company surrounding the back injury of Anthony Alexander. Alexander worked as an oyster shucker for Bradford Seafood and injured his back in March of 1993 while lifting a bag of oysters. Bradford Seafood denied compensa-bility for the injury. Its claim was that there were fewer than five employees and the business was involved in aquacultural (farming) pursuits thus exempting it from the requirement of providing workers’ compensation insurance to its employees.

¶ 2. A hearing was held before Administrative Law Judge W.A. Thornton to resolve the issues of whether Alexander was an employee of Bradford Seafood and whether Bradford Seafood was an employer subject to the Mississippi Workers’ Compensation Act (Act). Without reaching a decision as to whether Bradford Seafood was subject to the Act, Alexander’s claim was dismissed when Judge Thornton ruled that Alexander was an independent contractor and not an employee.

¶ 3. Alexander then petitioned the Workers’ Compensation Commission for review of the administrative judge’s order. The Commission affirmed the administrative judge’s order. Alexander filed an appeal [323]*323in the Circuit Court of Harrison County which also affirmed the order of the administrative judge. Finally, Alexander appealed to the Mississippi Supreme Court which assigned the case to this Court. We reversed the decision of the Harrison County Circuit Court finding that Alexander was indeed an employee of Bradford Seafood covered by the Act. Alexander v. Bradford Seafood Co., 691 So.2d 1032 (Miss.Ct.App.1996)(table). The case was remanded to the Commission for the determination and the supervision of the compensation due Alexander.

CASE AT BAR

¶ 4. In the order signed by Administrative Law Judge Linda Thompson, three issues were listed for determination. They are: (1) whether Bradford Seafood Co., Inc. was subject to the Mississippi Workers’ Compensation Act on March 26, 1993; (2) whether Anthony Alexander sustained a work-related injury to his lower back and neck on March 26, 1993; (3) the existence/extent of disability resulting to the work injury.

¶ 5. The mandate of this Court penned by Judge Frank Barber stated very clearly that “[t]his cause is remanded to the Workers’ Compensation Commission solely for determination and supervision of the compensation due the Appellant.” We denied Bradford Seafood’s motion for rehearing. Bradford Seafood then petitioned the supreme court for writ of certiorari based on the farmer and farm laborers exemption contained in Miss.Code Ann. § 71-3-5 (Rev.2000) 1 After the initial grant of cer-tiorari, the supreme court, on its own motion, met en bane and vacated the grant of certiorari. The Commission then remanded the case to Administrative Law Judge Thompson.

¶ 6. The administrative law judge found it necessary to clarify the issues. In her decision, she found that Bradford Seafood was involved with the commercial processing of oyster meat, not farming or aquaculture, and thus subject to the Act. The administrative judge also found that Alexander did sustain a work related injury and that he suffered from permanent total disability as a result of that injury. Bradford Seafood was found to be liable for all medical services and supplies related to Alexander’s workers’ compensation claim. The Mississippi Workers’ Compensation Commission affirmed the order of the administrative judge.

¶ 7. Once again Bradford Seafood sought relief by appealing the ruling of the administrative judge and the Workers’ Compensation Commission to the Circuit Court of Harrison County alleging that the Commission erred in failing to find that Alexander was a farm laborer. The Harrison County Circuit Court affirmed the lower decision and Bradford Seafood appealed once again to the Mississippi Supreme Court. The issue presented by the appellant is whether Anthony Alexander was a “farm laborer” pursuant to Miss.Code Ann. § 71-3-5 (Rev.2000) and, therefore, not subject to the Mississippi Workers’ Compensation Act.

DISCUSSION

If 8. It is of great import to note that only one issue was decided in Bradford [324]*324Seafood’s first visit to our Court: whether Alexander was an independent contractor or an employee of Bradford Seafood. On the second visit we are faced with another question of law which would directly impact the ruling in the first matter. Though we remanded for a determination of the amount of benefits, we find it appropriate that the Commission first examined the effect of Bradford’s separate defense raised in its original answer to Alexander’s petition to controvert and not yet ruled upon at any level. The question is, whether Bradford Seafood is a farming business and thus Alexander a farm laborer exempted under Miss. Code Ann. § 71-3-5 (Rev.2000). We hold that Bradford Seafood is in the business of processing oysters and Alexander as their employee is not exempted under the Act.

¶ 9. Our review of the Workers’ Compensation Commission is limited. We must determine whether there is substantial evidence to support the Commission’s findings. If there is a deficit record or amount of evidence in the record and the decision is unsupported, the Commission will be found to have been arbitrary and capricious. We may also review their decision if there has been a misinterpretation or misreading of the applicable law. Hurdle and Son v. Holloway, 749 So.2d 342, 346 (Miss.Ct.App.1999). The Commission will be affirmed if the appellate court determines there is significant credible evidence supporting their decision. Natchez Equip. Co. v. Gibbs, 623 So.2d 270, 273-74 (Miss.1993).

¶ 10. Mr. Jordan Bradford owns Bradford Seafood and Oyster Farms, Inc. The sole crop is oysters. He raises oysters in the beds at Oyster Farms, Inc. They are then harvested and shipped to Mississippi to Bradford Seafood for processing. The farming of the oysters occurred in Louisiana at Oyster Farms, Inc. Their removal from their beds occurred in Louisiana by Oyster Farms, Inc. The farming operation ceased and the processing operation began once that crop of oysters came over to the Mississippi Gulf Coast to be shucked and readied for sale as Bradford’s Brand Oysters.

¶ 11. Is Bradford Seafood in the business of processing2 or manufacturing3 oyster meat?

In considering what constitutes a manufacture or manufacturing, ... generally there are three main or essential elements: (1) An original substance or material, frequently referred to as raw material. (2) A process whereby the original material is changed or transformed. (3) An article or substance which, by reason of being subjected to the processing, is to some extent different from the original substance or material.

Stafford v. U.S. Cattle Corp., 389 So.2d 923, 925 (Miss.1980)(quoting Lopanic v. Berkeley Coop. Gin Co., 191 So.2d 108, 113 (Miss.1966)).

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Related

Natchez Equipment Co., Inc. v. Gibbs
623 So. 2d 270 (Mississippi Supreme Court, 1993)
Hurdle and Son v. Holloway
749 So. 2d 342 (Court of Appeals of Mississippi, 1999)
Lopanic v. Berkeley Cooperative Gin Co.
191 So. 2d 108 (Mississippi Supreme Court, 1966)
Dependents of Stafford v. U. S. Cattle Corp.
389 So. 2d 923 (Mississippi Supreme Court, 1980)
Wilkins v. Wood
91 So. 2d 560 (Mississippi Supreme Court, 1956)

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Bluebook (online)
785 So. 2d 321, 2001 Miss. App. LEXIS 209, 2001 WL 537896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradford-seafood-co-v-alexander-missctapp-2001.