Charles N. Clark Assoc. v. Dep. of Robinson

357 So. 2d 924
CourtMississippi Supreme Court
DecidedApril 12, 1978
Docket50222
StatusPublished
Cited by15 cases

This text of 357 So. 2d 924 (Charles N. Clark Assoc. v. Dep. of Robinson) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles N. Clark Assoc. v. Dep. of Robinson, 357 So. 2d 924 (Mich. 1978).

Opinion

357 So.2d 924 (1978)

CHARLES N. CLARK ASSOCIATES, LIMITED and United States Fidelity & Guaranty Insurance Company
v.
DEPENDENTS OF CALVIN J. ROBINSON, Deceased.

No. 50222.

Supreme Court of Mississippi.

April 12, 1978.

*925 Harold W. Melvin, Laurel, for appellants.

Odom & Parrish, J. Ronald Parrish, Laurel, for appellee.

Before SMITH, LEE and COFER, JJ.

LEE, Justice, for the Court:

The administrative judge entered an order denying compensation benefits to the widow and children of Calvin J. Robinson on a finding that the evidence was insufficient to establish causal connection between the deceased's employment and his death in any reasonable, substantial degree by his employment, and that the primary diagnosis by Dr. Frank Jones of deceased's condition on October 8, 1973, was for an upper respiratory infection. The Workmen's Compensation Commission affirmed that order by a two-to-one decision, and, upon appeal to the Circuit Court of Jones County, the presiding judge reversed the order of the full Commission and entered an order granting compensation benefits to said widow and children. The employer-carrier have appealed here and assign the following error committed by the circuit court:

The court erred in reversing the Compensation Commission and the Administrative Law Judge, because the basic test is not whether the compensation claim is supported by substantial evidence, but whether the findings of the Workmen's Compensation Commission, either in allowing or denying the claim, is supported by substantial evidence.

Calvin J. Robinson was employed as a draftsman for Charles N. Clark Associates, Limited, in Laurel, Mississippi, from 1957 until October 8, 1973. In 1971, he began having severe problems with his back and his condition was diagnosed myofibrositis. Dr. Frank Jones, Hattiesburg, and Dr. Charles Hollingshead, Laurel, treated Mr. Robinson and prescribed strong sedatives and an exercise program for him. His condition worsened as time elapsed, he was admitted to the hospital for approximately one week and also was treated in New Orleans. On October 8, 1973, Robinson was suffering a great deal of pain in his upper back, and he went to Hattiesburg to see Dr. Jones. After examination and treatment by Dr. Jones and while returning to Laurel, he was involved in a one-car accident (striking a bridge abutment) which resulted in his death.

Appellants contend that there was substantial evidence before the Commission to the effect that Robinson's condition was not work-related and that his visit to Dr. Jones on October 8, 1973, was not work-related and was a personal visit. On the other hand, appellees argue that the evidence is overwhelming that his condition was work-related and that his trip to Dr. Jones was at the authorization and suggestion of his employer and was work-connected.

I.

Was Robinson's back condition work-related?

*926 Myofibrositis is an illness or condition affecting the muscles of the back, thorax and shoulders, and is extremely painful, so much so that medication offers little relief. Three witnesses, Mrs. Catherine Robinson (widow), Dr. Frank E. Jones, Jr., and Charles Clark (adverse witness), were called by the appellees to testify in the case. One witness, Dr. Charles Hollingshead, was called by appellants. It is undisputed that Robinson's work was not the original cause of his myofibrositis.

Mrs. Robinson testified that at the end of a day's work deceased was in much greater pain than at the beginning of the day, and that many times he could not sleep at night on account thereof. She stated that on the morning of October 8, 1973, deceased had such pain in his back that he went to Hattiesburg to see Dr. Jones for relief.

Charles Clark was an officer and principal stockholder of the appellant company. He testified that the deceased was a draftsman (Clark was also a draftsman) and that the work was arduous, involving stooping and pulling of the muscles and particularly affecting the back, shoulder and arm muscles.

Dr. Jones testified as follows:

"Q. What condition was he in when you saw him the last time?
A. At this time, I will refer to the findings of my physical examination, this was in October of 1973. At this time he was complaining of pain in his neck, upper back, and also at this time he had symptoms of upper respiratory infection, cough, rhinorrhea, which is a running nose, nasal and chest congestion. At this time he seemed to be quite withdrawn, the kind of findings you would see in a patient who was depressed.
Q. Did you examine his back on October the 8th?
A. I did.
Q. What was your conclusion with relationship to his back problem at that time?
A. Physical examination at that time revealed some tenderness of the paravertebral muscles of the neck and upper back. This is the finding you will find in somebody with musculus skeletal pain in the upper pelvic girdle and thoracic area. He complained of pain, but you could elicit tenderness and spasms of muscles, so this was consistent with what he was complaining of. He also, as I previously mentioned, had some nasal congestion and some of the findings that are consistent with acute upper respiratory infection.
Q. Were these problems that you diagnosed in relation to his back in October of 1973 essentially the same as those you found in February of 1973?
A. Yes.
* * * * * *
Q. Were you familiar with the type of work Mr. Robinson did at Clark Engineers?
A. Yes, I questioned him about this. It was my understanding that he was a draftsman. This kind of work requires a fairly fixed position in a sort of hunched position, therefore there's a possibility of over stressing certain muscle groups from being in this position for prolonged periods of time.
* * * * * *
Q. Do you have an opinion, doctor, based on reasonable medical certainty as to whether or not his work that he did at Clark Engineers aggravated, accelerated, or contributed to his back problems which you have outlined?
* * * * * *
A. You mentioned an unknown back problem, but the diagnosis here was myofibrositis, which is a musculus skeletal condition. Myofibrositis is the medical name for his back problem. Now, the [sic] answer the question, I certainly feel logically and based on what I know about what a draftsman does that the work certainly could have aggravated or exaggerated his condition.
Q. Is it your opinion that it probably did or that it did not?
*927 A. My opinion is that it did."

Dr. Hollingshead testified on cross-examination as follows:

"Q. What about that aspect of it?
A. If you say just aggravation, I would say that it's probable that it did aggravate. Before you asked if it was three (3) different things, the cause and I couldn't say it was not the cause, but as far as aggravation I could say that it is probable that this amount could aggravate an existing fibromyositis.
Q. So your testimony then if I understand it right is that it did not cause it, but in your opinion this amount of strain assuming the hypothetical to be true would have aggravated it, is that correct?
A.

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Bluebook (online)
357 So. 2d 924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-n-clark-assoc-v-dep-of-robinson-miss-1978.