Mid-Delta Home Health, Inc. v. Robertson

749 So. 2d 379, 1999 WL 907668
CourtCourt of Appeals of Mississippi
DecidedOctober 19, 1999
Docket1998-WC-01938-COA
StatusPublished
Cited by17 cases

This text of 749 So. 2d 379 (Mid-Delta Home Health, Inc. v. Robertson) 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
Mid-Delta Home Health, Inc. v. Robertson, 749 So. 2d 379, 1999 WL 907668 (Mich. Ct. App. 1999).

Opinion

749 So.2d 379 (1999)

MID-DELTA HOME HEALTH, INC. and Mississippi Physicians Insurance Company, Inc., Appellants,
v.
Denise ROBERTSON, Appellee.

No. 1998-WC-01938-COA.

Court of Appeals of Mississippi.

October 19, 1999.

*381 Laura A. Henderson-Courtney, Florence, Peter L. Corson, Madison, Attorneys for Appellants.

Ellie F. Turnage, Halbert E. Dockins Jr., Melvin L. Pace, Jackson, Attorneys for Appellee.

BEFORE SOUTHWICK, P.J., DIAZ, AND MOORE, JJ.

DIAZ, J., for the Court:

¶ 1. Mid-Delta Home Health, Inc., and Mississippi Physicians Insurance Company, Inc., the employer and carrier, appeal the decision of the Humphreys County Circuit Court affirming the Workers' Compensation Commission and the administrative law judge's decisions to award Denise Robertson temporary total disability at $243.75 per week from February 22, 1994, through December 31, 1996, permanent disability at $96 per week for 450 weeks from December 31, 1996, and reasonable and necessary medical services pursuant to Mississippi Code Annotated Section 71-3-15 (Rev.1995), plus penalties and interest.

*382 ¶ 2. The Full Commission affirmed the administrative judge's order in toto and denied the employer's motion to admit additional evidence. Mid-Delta and MPIC assert in their statement of issues the following assignments of error in this appeal: (1) whether the Commission erred in awarding compensation as set out in the Full Commission order of August 28, 1997, and in directing payments under the Mississippi Workers Compensation Act, (2) whether the Commission erred in awarding compensation when the claimant failed to establish her claim through clear and convincing evidence as required by law, (3) whether the findings of the Commission are contrary to the credible evidence, contrary to the great and overwhelming weight of the evidence, and contrary to the law, (4) whether the Commission erred in denying Mid-Delta and MPIC's motion for review of new evidence after improperly allowing the testimony of Mary Steele, and (5) whether the Commission erred in directing Mid-Delta and MPIC to pay penalties pursuant to Mississippi Code Annotated Section 71-3-37 (Rev.1995). We find that there was not substantial evidence presented upon which the Full Commission could find that Robertson was entitled to permanent disability. Therefore, we affirm in part and reverse in part the ruling of the circuit court.

FACTS

¶ 3. The claimant, Denise Robertson, filed a petition to controvert a workers' compensation claim on January 4, 1995. Therein, Robertson alleged that she sustained an exclusively mental injury while in the employ of Mid-Delta which became disabling on or about February 21, 1994. Mid-Delta Home Health, Inc., and Mississippi Physicians Insurance Company, Inc., the employer and carrier, filed an answer on January 18, 1995, disputing the payment of any benefits or medical expenses to Robertson.

¶ 4. Robertson is a resident of Yazoo City. She grew up in Washington County. Robertson testified that she was good student who had no problems with truancy or discipline imposed by either school administrators or her parents. Throughout high school, she was employed part-time. Prior to this claim, Robertson neither experienced nor was treated for emotional problems. She was not the victim of abuse, either physical or mental, at the hands of her parents or others. Robertson does have a sister who takes medication for a chemical imbalance which stemmed from a poisoning incident and not as a result of genetic makeup.

¶ 5. After high school, Robertson attended Tougaloo College on an academic scholarship and worked on campus. Robertson left college to deliver her first child, Candice. She married Gregory Robertson in 1980 who had graduated from Tougaloo and worked in the Yazoo City Public Schools. Gregory was diagnosed with sickle cell anemia during his youth and suffered occasional crises. He is disabled from employment. Robertson was employed at various places until she accepted employment with Mid-Delta. She testified that she maintained good health, was active and athletic, and had not suffered any major illness.

¶ 6. Robertson was hired by Clara Reed, owner and CEO of Mid-Delta, in the Fall of 1988 for the position of administrative secretary to Reed. Her responsibilities included but were not limited to taking incoming calls for Reed, handling correspondence, opening mail, and scheduling appointments for Reed. Robertson initially characterized Reed as an excellent employer who motivated her employees and demanded quality work from them. Equally, Reed consistently evaluated Robertson's job performance as above average and often approved a salary increase with these reports.

¶ 7. Although Robertson's family life and job were demanding, she continued to pursue her education at Tougaloo College. It became difficult for Robertson to leave Mid-Delta in time to attend her classes. *383 According to Robertson, she explained the situation to Reed who advised Robertson to decide what was important in her life. She did not continue her education after that semester.

¶ 8. In early 1990, Robertson's sister Audrey was poisoned. Although it was not fatal, it had detrimental effects on her health. Audrey returned home to Greenville to live with her family. She takes medication for her condition.

¶ 9. By the Fall of 1990, Robertson stated that her job duties were expanding and things at her workplace were getting more stressful and more complicated. Robertson also testified that she was responsible for typing and formatting documents for the entire Mid-Delta staff. At this point, she stated that she felt overwhelmed and asked Reed for assistance. According to Robertson, help was not forthcoming. Instead, her workload increased, and she bore the brunt of Reed's anger when others failed to complete their assigned tasks. Robertson stated that she worked harder including extended hours to complete her increasing job assignments. Despite her efforts to complete her tasks, it was difficult for her to leave work for functions associated with her daughter or for church meetings. Nonetheless, the performance evaluations conducted by Reed did not indicate a diminution in Robertson's abilities or performance.

¶ 10. By the Fall of 1991, Mid-Delta was growing in size and stature in the home-health community, so Reed decided to pursue accreditation through the Community Health Accreditation Program (CHAP). In doing so Reed hired additional staff members. According to Robertson, the increase in work load required her to stay late at work two nights a week. Additionally, Reed began making derisive comments about Robertson in front of guests and other employees. At this point, Robertson felt intimidated and fearful for her job. Coincidentally, she began throwing up at home and at work and losing weight rapidly. She was diagnosed by Dr. L.C. Tennin with irritable bowel syndrome for which she took prescription medication.

¶ 11. In 1991, Robertson ran for Circuit Clerk of Washington County. She often stayed late at her office to work on nonagency related business associated with her campaign. Robertson applied for and received payment for accrued leave time to help pay her campaign expenses. Robertson was not successful in her bid for elected office.

¶ 12. In June of 1992, Gregory Robertson was interrogated by law enforcement officials. In August of 1992, FBI agents arrested him in their home. Gregory was convicted in July of 1994 and served nearly five months of his sentence. He was released pending a new trial in November of 1994.

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Bluebook (online)
749 So. 2d 379, 1999 WL 907668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mid-delta-home-health-inc-v-robertson-missctapp-1999.