Harrell v. TIME WARNER/CAPITOL CABLEVISION AND TRAVELERS CASUALTY AND SURETY CO.

856 So. 2d 503, 2003 WL 1961666
CourtCourt of Appeals of Mississippi
DecidedApril 29, 2003
Docket2001-WC-01989-COA
StatusPublished
Cited by9 cases

This text of 856 So. 2d 503 (Harrell v. TIME WARNER/CAPITOL CABLEVISION AND TRAVELERS CASUALTY AND SURETY CO.) 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
Harrell v. TIME WARNER/CAPITOL CABLEVISION AND TRAVELERS CASUALTY AND SURETY CO., 856 So. 2d 503, 2003 WL 1961666 (Mich. Ct. App. 2003).

Opinion

856 So.2d 503 (2003)

Melissa J. HARRELL, Appellant/Cross-Appellee,
v.
TIME WARNER/CAPITOL CABLEVISION AND TRAVELERS CASUALTY AND SURETY COMPANY, Appellees/Cross-Appellants.

No. 2001-WC-01989-COA.

Court of Appeals of Mississippi.

April 29, 2003.
Rehearing Denied August 26, 2003.

*505 Lance L. Stevens, Jackson, attorney for appellant.

Phillip Perkins Embry, Oxford, Richard Mack Edmonson, Jackson, attorneys for appellees.

Before McMILLIN, C.J., THOMAS and CHANDLER, JJ.

CHANDLER, J., for the court.

¶ 1. Melissa J. Harrell appeals from a decision of the Circuit Court of the First Judicial District of Hinds County, which affirmed in part and reversed in part the decision of the Workers' Compensation Commission. Harrell argues that the circuit court erred in affirming the Commission's decision that Harrell failed to prove by a preponderance of the evidence that her interstitial cystitis was caused or contributed to by a work-related injury. The employer and carrier have cross-appealed, and argue that the circuit court erred in reversing the Commission's decision that Harrell failed to prove that a right shoulder injury was work-related.

¶ 2. We find that substantial evidence supported the decision of the Commission. Therefore, we reverse that portion of the circuit court's decision reversing the decision of the Commission. We reinstate the decision of the Commission.

FACTS

¶ 3. Melissa J. Harrell fell at work on June 6, 1994. The employer paid Harrell temporary total disability benefits covering intervals from June 9, 1994 to October 20,1997, and permanent partial disability benefits from October 21, 1997 until September 20, 1999. On February 18, 1998, Harrell filed a petition to controvert, claiming that she had sustained work-related injuries to her lower back and right shoulder, and that the lower back injury caused a urological condition called interstitial cystitis. The employer and carrier admitted the compensability of the back injury, but denied the compensability of the other injuries.

¶ 4. After a hearing, the administrative law judge found that Harrell had failed to prove by a preponderance of the evidence that her compensable back injury caused or contributed to the interstitial cystitis. The judge further found that Harrell had failed to prove that the right shoulder injury was work-related. The judge awarded Harrell permanent partial disability benefits for the back injury in the amount of $29.28 for 450 weeks from October 6, 1997, the date of maximum medical improvement, with credit allowed for amounts previously paid. The judge also ordered the employer and carrier to pay for any medical services and supplies reasonably required to treat the back injury.

*506 ¶ 5. Harrell appealed to the Workers' Compensation Commission. The Commission affirmed the opinion of the administrative law judge. Harrell appealed to the circuit court. The circuit court ruled that there was substantial evidence to support the Commission's finding that Harrell had failed to prove that the interstitial cystitis was compensable. The court ruled that there was not substantial evidence to support the Commission's decision that Harrell did not sustain a compensable right shoulder injury.

STANDARD OF REVIEW

¶ 6. This Court applies the same standard of review as the circuit court. State Tax Comm'n v. Vicksburg Terminal, Inc., 592 So.2d 959, 961 (Miss.1991). This Court will affirm the findings and order of the Commission if they are supported by substantial evidence. Vance v. Twin River Homes, Inc., 641 So.2d 1176, 1180 (Miss. 1994). We will reverse only when the Commission's findings and order are clearly erroneous and contrary to the overwhelming weight of the evidence. Id. If there is substantial evidence to support the Commission's decision, the Commission must be affirmed "even though the evidence would convince this Court otherwise, were we the fact finder." Fought v. Stuart C. Irby Co., 523 So.2d 314, 317 (Miss.1988).

LAW AND ANALYSIS

I. DID THE CIRCUIT COURT ERR IN AFFIRMING THE FINDING OF THE COMMISSION THAT HARRELL FAILED TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT HER COMPENSABLE BACK INJURY CAUSED OR CONTRIBUTED TO THE INTERSTITIAL CYSTITIS?

¶ 7. To establish entitlement to benefits under the workers' compensation scheme, the claimant bears the burden of proving by a preponderance of the evidence each element of the claim of disability. Hedge v. Leggett & Platt, Inc., 641 So.2d 9, 12 (Miss.1994). The elements are: (1) an accidental injury, (2) arising out of and in the course of employment, and (3) a causal connection between the injury and the claimed disability. Id. A pre-existing condition is not always a bar to recovery for a disability. Rather, if the employment aggravated, accelerated, or combined with the pre-existing condition to produce the disability, the disability arose out of the employment and the claimant is entitled to compensation for the disability. Id. at 13.

¶ 8. The administrative law judge found that the medical testimony failed to relate Harrell's interstitial cystitis to her compensable back injury to a reasonable degree of medical certainty, and concluded that Harrell had not proven a causal connection between the compensable back injury and the interstitial cystitis. Harrell argues this finding was error. We review the evidence before the administrative law judge and the opinion of the administrative law judge that was affirmed by the Commission.

¶ 9. Harrell testified that she was hired by Capitol Cablevision in 1984, when she was twenty-four years old. Harrell worked as a telemarketing and sales representative. Her duties included handling the concerns of customers who came to the office, including billing issues, scheduling pay-per-view events, and checking converter boxes, remotes, and cabling. In 1992, she was assigned the additional duty of taking payments from customers. On June 6, 1994, Harrell was carrying company mail to Building C. As she walked up a ramp that led to Building C, her foot *507 caught a mat and she fell forward. She landed with her right palm down on the ramp and her right elbow in her stomach. Harrell testified that she immediately reported the fall to her employer and a Report of Injury B-3 form was filled out indicating that she injured her back and right shoulder.

¶ 10. Harrell went back to work two days after the fall. She continued working at Capitol Cablevision until November 1994, when she was terminated because she had exhausted her leave for the year and was requesting further leave to have an emergency hysterectomy. In August 1995, Harrell began working at Truvision/Wireless One as a corporate telesales and telemarketing supervisor. She was terminated on August 6, 1996, due to a corporate merger. Harrell testified that she has been unemployed since leaving Truvision/Wireless One.

¶ 11. In March, 1996, while employed with Truvision/Wireless One, Harrell began experiencing severe weakness and pain in the pelvic region. She made an appointment with her gynecologist, Dr. Darden North. Dr. North discovered blood in Harrell's urine. Harrell was already scheduled to have a gynecological procedure called a right oophorectomy, and Dr. North invited a urologist, Dr. Charles Secrest, to examine Harrell's bladder while she was under general anesthesia. After the procedure, Dr. Secrest diagnosed Harrell with a bladder disorder called interstitial cystitis. Harrell began seeing Dr. Secrest and Dr.

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Bluebook (online)
856 So. 2d 503, 2003 WL 1961666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-time-warnercapitol-cablevision-and-travelers-casualty-and-missctapp-2003.