METALLOY CORP. v. Gathings

990 So. 2d 191, 2007 WL 2472857
CourtCourt of Appeals of Mississippi
DecidedSeptember 4, 2008
Docket2006-WC-01627-COA
StatusPublished
Cited by1 cases

This text of 990 So. 2d 191 (METALLOY CORP. v. Gathings) 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
METALLOY CORP. v. Gathings, 990 So. 2d 191, 2007 WL 2472857 (Mich. Ct. App. 2008).

Opinion

990 So.2d 191 (2007)

METALLOY CORPORATION, Appellant
v.
James GATHINGS, Appellee.

No. 2006-WC-01627-COA.

Court of Appeals of Mississippi.

September 4, 2007.
Rehearing Denied January 22, 2008.
Certiorari Granted April 17, 2008.
Certiorari Dismissed as Improvidently Granted September 4, 2008.

*192 David B. McLaurin, Tupelo, Michael Anthony Williams, Jackson, attorneys for appellant.

Jeffery M. Navarro, Aberdeen, attorney for appellee.

Before LEE, P.J., IRVING, CHANDLER and ROBERTS, JJ.

ROBERTS, J., for the Court.

STATEMENT OF THE CASE

¶ 1. This workers' compensation action arose when James Gathings injured his left eye while working for Metalloy Corporation. Following his injury and eventual loss of sight in his left eye, Gathings filed his petition to controvert. He was initially denied benefits after a hearing in front of *193 the administrative law judge. However, upon appeal to the Full Commission this decision was reversed. Subsequent to the circuit court affirming the decision of the Commission, Metalloy brought the instant appeal. Finding no error, we affirm.

FACTS

¶ 2. Gathings was employed by Metalloy when he suffered an admittedly compensable injury to his left eye on September 25, 2001.[1] Specifically, Gathings worked at a Metalloy factory in Verona, Mississippi that primarily produced manifolds used in the automobile industry. While working on a machine that utilized sand in the production of the manifolds, the machine malfunctioned and threw sand on Gathings. As a result of his supervisor's attempt to blow the sand off, some sand was blown into Gathings's left eye. Gathings returned to Metalloy approximately a month later, but would later resign in April 2002. However, this was not the first injury to Gathings's left eye.

¶ 3. Dr. William Brawner testified through deposition on November 21, 2002. He first saw Gathings on March 22, 2000, for complaints of changes in vision and eye pain. On November 17, 2000, he saw Gathings again after conditions at work began to further affect his eyesight. Dr. Brawner found that Gathings had light vision[2] only and retinal detachment in his left eye. Dr. Brawner referred Gathings to a retinal specialist who performed surgery to repair the retina in November of 2000. Following his accident on September 25, 2001, Gathings again saw Dr. Brawner on October 1, 2001, and complained of left eye pain stemming from the accident in question in which a machine he was working on exploded and caused sand to get in both eyes. During this evaluation, Dr. Brawner noted Gathings's retina seemed to be repaired. However, visual acuity of the left eye remained at light vision only. Dr. Brawner diagnosed Gathings with an iritis of the left eye, which is an inflamation of the eye, and prescribed antibiotic and steroid drops. Gathings was not placed under any work restrictions as a result of this injury. Dr. Brawner would next see Gathings on February 20, 2002. Gathings complained that smoke and fumes from work on February 12, 2002, caused him to see flashes and floaters[3] in his right eye. Dr. Brawner diagnosed Gathings's right eye with allergic conjunctivitis, and noted that his left eye vision remained unchanged from his last visit, but no iritis was noted at this point. Additionally, Dr. Brawner stated he did not see any permanent damage in the left eye as a result. Dr. Brawner last saw Gathings on April 24, 2002. Though this exam was primarily focused on his right eye, Dr. Brawner did note that there was no light perception in Gathings's left eye or, in other words, that he had lost all sight in his left eye.

¶ 4. Dr. Seth Yoser, Gathings's other treating physician, testified through deposition on May 27, 2003. Upon referral from Dr. Brawner, a colleague of Dr. Yoser, he first saw Gathings on November 18, 2000, and confirmed retinal detachment in his left eye. Following Gathings's *194 successful retina attachment surgery on November 21, 2000, he would have a recurrent retinal detachment and a second surgery on December 26, 2000. At the conclusion of a follow up visit on December 27, 2000, Dr. Yoser's prognosis of visual recovery of Gathings's left eye was guarded. During the next visit, Dr. Yoser noted that Gathings's vision in his left eye was hand motion[4] only and left eye pressure was on the low side at six. Dr. Yoser next saw Gathings on June 13, 2001, which was the day after a third surgery was performed on his left eye. His prognosis at this point concerning visual recovery of Gathings's left eye was extremely guarded. Dr. Yoser next noted that during a July 2, 2001 visit, Gathings's left eye vision was still at a hand motion level and his pressure was still low at six. However, on November 1, 2001, his pressure was within normal range. Gathings was next seen on February 26, 2002, at which time Dr. Yoser noted that he had lost all vision in his left eye. Further detail of Dr. Yoser's testimony will be disclosed below, as needed.

PROCEDURAL HISTORY

¶ 5. Gathings filed his petition to controvert on March 22, 2002, alleging he was blind in his left eye as a result of the injury sustained on September 25, 2001. Following Metalloy's answer, a hearing was held on February 16, 2005. After hearing the live testimony of Gathings and Bruce Brawner, a vocational expert, and reviewing the depositions of Drs. Brawner and Yoser, as well as other exhibits and affidavits, the administrative law judge (ALJ) found that Gathings failed to prove by a preponderance of the evidence that he suffered any temporary or permanent disability as a result of the September 25, 2001 injury. Unsatisfied with this result, Gathings appealed to the Full Commission. The Commission heard Gathings's appeal on December 19, 2005, and reversed the decision of the ALJ in a March 30, 2006 order. After reviewing the evidence and testimony before it, the Commission stated that,

Mr. Gathings himself testified credibly that his September 25, 2001 injury led directly to his complete loss of vision. This claim is fully supported by the competent testimony of Dr. Yoser who stated that Mr. Gathings' injury and resulting iritis could have indeed caused his already diminished vision to disappear completely.

Metalloy then appealed the order of the Commission to the Circuit Court of Lee County. The circuit court subsequently affirmed the decision of the Commission and denied Metalloy's motion to reconsider. This appeal followed.

ANALYSIS

¶ 6. Our standard of review concerning appeals from a decision of the Mississippi Workers' Compensation Commission is clear.

It is well settled in this state that the Mississippi Worker's Compensation Commission is the ultimate fact-finder in cases of this kind. Smith v. Jackson Constr. Co., 607 So.2d 1119, 1123-24 (Miss.1992). The Commission is also the ultimate judge of the credibility of witnesses. Miller Transporters, Inc. v. Guthrie, 554 So.2d 917, 918 (Miss.1989). Consequently, this Court must defer to decisions by the Commission on issues of fact and credibility unless the Commission commits prejudicial error. Smith, *195 607 So.2d at 1124. Further, neither this Court nor the Mississippi Supreme Court is empowered to determine where the preponderance of the evidence lies when the evidence is conflicting. Id. Instead, this Court must affirm the decision of the Commission where substantial credible evidence supports the Commission's order. Id.

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