Miller Transporters, Ltd. v. Reeves

195 So. 2d 95
CourtMississippi Supreme Court
DecidedFebruary 6, 1967
Docket44211
StatusPublished
Cited by13 cases

This text of 195 So. 2d 95 (Miller Transporters, Ltd. v. Reeves) 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
Miller Transporters, Ltd. v. Reeves, 195 So. 2d 95 (Mich. 1967).

Opinion

195 So.2d 95 (1967)

MILLER TRANSPORTERS, LTD. and Security Insurance Group, Defendants-Appellants,
v.
Billy C. REEVES, Claimant-Appellee.

No. 44211.

Supreme Court of Mississippi.

February 6, 1967.

*96 Ray, Lee, Moore & Coleman, Jackson, for appellants.

Gordon & Henry, Union, for appellee.

PATTERSON, Justice:

Billy C. Reeves was injured May 18, 1963, during the course of his employment as a truck driver for Miller Transporters, Ltd. A car entering the highway from a side road struck the side of the truck Reeves was driving, killing two of the occupants of the car and injuring three others. Reeves received physical injuries as the result of the accident which his employer admitted resulted in a five per cent permanent partial disability.

After the accident, and upon being discharged by the doctor on July 29, 1963, Reeves returned to work as a truck driver and continued in this employment until February 24, 1964. He was paid three days compensation benefits in November 1963 and fifty dollars in January 1964 while off from work with influenza, as well as one or two payments in late January and early February 1964 while incapacitated with pneumonia. He has not worked since February 24, 1964.

The attorney-referee and the Workmen's Compensation Commission found that Reeves was "in need of additional medical treatment for his emotional disturbance and that such condition is related to the accident for which compensation is claimed." Temporary partial disability was designated by the attorney-referee as being fifty per cent since February 24, 1964. The circuit court affirmed the order of the attorney-referee and the commission.

Miller Transporters, Ltd., employer, and Security Insurance Group, carrier, appealed to this Court relying on the testimony of Reeves' neuropsychiatrist that his emotional disturbance after the accident and his fear of returning to his employment as a truck driver were due to a pre-existing basic personality disorder and were not the result of an injury.

The question to be decided is whether the emotional disturbance of the claimant is attributable to an on-the-job accident and compensable as an "injury" resulting in "disability" as defined by the Workmen's Compensation Law.

Reeves had been working as a truck driver for Miller Transporters for more than eight years the day the accident occurred. He testified that he was sickened and upset by the sight of the wreckage victims and the sound of screaming. He received first aid treatment from a physician in Magee shortly after the accident and was treated by his personal physician, Dr. Laird of Union, beginning May 20, 1963.

*97 Dr. Laird's examination revealed five fractured ribs and a mild cerebral concussion. He stated that "the mechanism of injury was compatible with a torsion whiplash * * *" Reeves was hospitalized two days later complaining of pain in the "entire chest area, back of his neck, some headache and the entire spinal area, especially in the thoracic area of the spine." Reeves remained in the hospital about ten days and thereafter was treated as an outpatient until July 29, 1963, when Dr. Laird released him to return to work on a trial basis. Reeves continued to see his doctor, to receive medication, and to work at his job as a truck driver, though, as he testified, under mental stress during this employment. In November 1963 he was again off from employment for about a week when Dr. Laird referred him to Dr. Purvis, a Jackson orthopedic surgeon, for examination. Dr. Purvis at that time prescribed muscle exercise and a return to work. Reeves was back on the job in late November, but was admitted to the Laird Hospital-Clinic in Union on January 6, 1964, suffering from influenza. He was released, and on February 19, 1964, readmitted according to Dr. Laird, "with influenza, with the fibroid condition, with extreme nervousness at that time."

Backache being a major part of Reeves' complaint, he was referred again to Dr. Purvis who admitted Reeves to a Jackson hospital in March 1964. Dr. Purvis reported to Dr. Laird that he found no essential residual difficulty with the rib cage, but did find a slight wedging deformity of the eighth dorsal vertebra which was indicative of a healed compression fracture of the eighth dorsal vertebra.

Dr. Naef, a Jackson neurologist and psychiatrist, was called in for consultation by Dr. Purvis. As a result of this consultation Dr. Naef continued to see Reeves after his release from the hospital in Jackson on March 14, 1964, until October 1964. In April 1964 Reeves complained to Dr. Laird of some moderate back pain, recent episodes of loss of balance or vertigo, with blackingout spells. Dr. Laird testified that he was unable to establish any definite physical cause for the episodes of blacking out. He stated in regard thereto, "As far as the nervous condition that this man exhibited, it was related to the periods of extreme nervousness and all of which dated back to the original accident." At the hearing Dr. Laird was asked, "This emotional condition for which you have been treating him, is that or is it not related to the accident he had May 18, 1963?", which he answered by stating, "In knowing this man's past history and having treated him and having treated his family over the past ten years and knowing him quite well in the meantime, in view of his medical treatment, there is no condition such as this that existed prior to that accident. The man is, without doubt, one of the least capable persons to malinger that I've ever known. He's always been an extremely hard worker and has made a good living, has enjoyed, and really if one man has ever enjoyed truck driving, he's one that does just that. There has been no previous episodes as far as this type condition is concerned."

He further testified that Reeves was presently physically unable to work for two reasons: "for the low back pain that he does and he has had, for the upper or thoracic area pain, that's as far as the physical status is concerned; emotionally, now he is not able to." Dr. Laird also testified that even if there were no emotional disturbance involved, Reeves could not return to driving the truck because of the physical effort required. Dr. Laird was asked if he was saying that Reeves would never be able to go back to driving the truck, and he replied: "I am, yes."

Reeves' wife and several friends testified that there had been a personality change in Reeves since the accident; that he had become moody, irritable and nervous, which traits were unlike his once pleasant and easy going nature.

*98 Dr. Naef testified he saw Reeves daily while he was in the Jackson hospital from March 6 through March 14, 1964, and about a dozen times thereafter. He found no evidence of physical disability, and x-rays and a physical examination revealed no signs of injury of the spinal nerves, spinal cord or brain. Dr. Naef found that Reeves did have some tenderness of the muscles in the back of his neck and in the thoracic portion of his back, and of the "insertion" of muscles along the sacrum and pelvis in back.

These findings, Dr. Naef testified, were consistent with Reeves' complaints of muscular discomforts. He stated:

We found no evidence of physical injury. All of his symptoms were functional from the very beginning. The initial emotional disturbance after the accident was what we would call an acute stress reaction, which would mean a temporary emotional disturbance in reaction to a frightening experience.

The following testimony by Dr. Naef was recorded at the hearing:

"Q.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Delphi Packard Electric Systems v. Brown
6 So. 3d 1091 (Court of Appeals of Mississippi, 2008)
Daniels v. Peco Foods of Mississippi, Inc.
980 So. 2d 360 (Court of Appeals of Mississippi, 2008)
Mid-Delta Home Health, Inc. v. Robertson
749 So. 2d 379 (Court of Appeals of Mississippi, 1999)
Sibley v. Unifirst Bank for Sav.
699 So. 2d 1214 (Mississippi Supreme Court, 1997)
Betty A. Sibley v. Unifirst Bk for Savs
Mississippi Supreme Court, 1995
Bates v. Countrybrook Living Center
609 So. 2d 1247 (Mississippi Supreme Court, 1992)
Borden, Inc. v. Eskridge
604 So. 2d 1071 (Mississippi Supreme Court, 1992)
Fought v. Stuart C. Irby Co.
523 So. 2d 314 (Mississippi Supreme Court, 1988)
Estate of Babb v. GTE Sylvania, Inc.
417 So. 2d 545 (Mississippi Supreme Court, 1982)
Hemphill Drug Company v. Mann
274 So. 2d 117 (Mississippi Supreme Court, 1973)
Nassar v. Latex Construction Co.
256 So. 2d 204 (Mississippi Supreme Court, 1971)
Vaughn v. General Cable Corp.
248 So. 2d 798 (Mississippi Supreme Court, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
195 So. 2d 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-transporters-ltd-v-reeves-miss-1967.