Mixon v. GREYWOLF DRILLING CO., LP

62 So. 3d 414, 2010 Miss. App. LEXIS 671, 2010 WL 5133906
CourtCourt of Appeals of Mississippi
DecidedDecember 14, 2010
Docket2009-WC-01536-COA
StatusPublished
Cited by2 cases

This text of 62 So. 3d 414 (Mixon v. GREYWOLF DRILLING CO., LP) 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
Mixon v. GREYWOLF DRILLING CO., LP, 62 So. 3d 414, 2010 Miss. App. LEXIS 671, 2010 WL 5133906 (Mich. Ct. App. 2010).

Opinion

ROBERTS, J.,

for the Court:

¶ 1. Kenneth Joe Mixon was working as a floorhand on a land-based oil rig operated by Greywolf Drilling Company when a storm blew in. Lightning struck somewhere close to or on the rig while Mixon was in the process of disassembling the rig in order to move it, and he felt electricity go through his body. Over the next several days, Mixon’s shoulders began to hurt, and he subsequently filed a petition to controvert with the Mississippi Workers’ Compensation Commission. His injuries were found to be compensable. However, Mixon now appeals and argues that the Commission erred in assessing the degree of disability as a result of his injuries, the amount of his weekly wage at the time of the incident, and other issues. Greywolf cross-appeals and argues that the Commission erred in finding that Mixon suffered a compensable injury. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Mixon, who was fifty years old at the time, was the sole live witness to testify at the hearing before the Administrative Judge on March 14, 2008. He stated that on June 4, 2001, he was working for Grey-wolf as a floorhand on a land-based oil rig in Magee, Mississippi. Mixon’s typical schedule was twelve hours a day, seven days on/seven days off. The accident occurred on the fifth day of a seven-day stretch. Mixon stated that he had incurred some other injuries in the past, but none that involved his shoulders.

¶ 3. Mixon testified that he and other employees of Greywolf were taking apart the oil rig in order to move it. In order to be able to reach the components necessary to take the oil rig apart, Mixon had to *416 stand over a drainage pit that had begun to overflow due to a rain storm that had developed. Although there was a pump designed to prevent the drainage pit from overflowing, Mixon testified that the pump had been broken since the day he started his shift. Mixon stated that he was on his hands and knees with one hand in the water holding the back side of a bolt and the other hand was unscrewing the nut. Mixon testified that “all of a sudden, it’s like I could hear the crack and I just felt it just run right though both of my hands, right though my chest. I felt the electricity.” Mixon stated that “it kind of, I want to say, drove me back or whatever.” At this point, the group stopped working and went to lunch. However, Mixon testified that during lunch his vision was hazy, and he experienced uncontrollable shaking. As a result of these symptoms, Mixon was taken to the emergency room at Magee General Hospital.

¶ 4. Mixon was seen by Dr. Kelly Smith and admitted to the hospital overnight. Dr. Smith initially told Mixon not to go back to work until a follow-up examination was done. However, Mixon testified that because Greywolf did not want a “loss-time accident,” it requested that Dr. Smith allow him to come back to work. Dr. Smith obliged Greywolf, and he allowed Mixon to return to work on a limited basis. The next day, Mixon returned to work, and Greywolf allowed him to do light-duty work, such as cleaning the living quarters, washing clothes, and washing dishes.

¶ 5. At the conclusion of his seven-day shift, Mixon returned home. However, Mixon testified that the next day his right shoulder began hurting, and he went to see Dr. Lisa Bushhardt at Immediate Care in Hattiesburg, Mississippi. Mixon saw a number of doctors over the course of several years relating to injuries he claimed he had received as a result of the incident on the oil rig. The details of these consultations and findings of the physicians will be discussed below. However, at this point, Greywolf refused to authorize further medical treatment. Greywolf also terminated Mixon’s employment on the day after the incident. Furthermore, Mix-on testified that although he remained off work per his doctor’s directive, Mixon received notice from Greywolf that his group health insurance had been cancelled.

¶ 6. Although he had not yet been released to work by his doctors, Mixon began working odd jobs in order to sustain himself. Mixon testified that he had to quit a job bagging groceries because he could not pick up certain items. In 2002, he started on a part-time basis on the Tommy Munro, the University of Southern Mississippi’s research vessel. Mixon testified that his position on the Tommy Munro was supervisory in nature. In 2004, Mixon’s secured a full-time position with the Tommy Munro. However, Mix-on testified that he would be making approximately $20,000 more a year if he was still able to do heavy manual labor.

¶ 7. During cross-examination, Mixon expounded on his work history. Mixon testified that he was in the United States Air Force from 1976 to 1980, during which time he worked as a mechanic. During approximately the next two years, Mixon worked as a bank teller for six months, a security guard for three months, a truck driver for one-and-a-half years, and on the North Slope of Alaska as an oil hand. Mixon then moved to Florida and worked for a company making circuit boards for six weeks. At this point, he began working in the landscaping and construction fields in Mississippi. But that only lasted for approximately six to eight months. Mixon then attended junior college for a semester, but because of financial considerations, he returned to commercial con *417 struction. He worked in this field for approximately two years. Mixon then worked offshore in Louisiana for a period of time, then performed residential construction for approximately two years, and worked on a land-based oil rig for approximately two years. Mixon also cut grass at a golf course in Petal, Mississippi, and worked on a charter boat out of Biloxi, Mississippi. He began working for Grey-wolf on February 21, 2001.

¶ 8. Mixon testified that it was approximately 11:00 a.m. when the incident occurred. Mixon stated that he did not actually see the lightning strike the oil rig, but he heard the crack of the lightning and was “jolted up,” let go of the rig, and stepped back several steps. Mixon stated that he felt pain going through his hand, arm, and chest. He testified that he was shaking involuntarily, and after his boss asked him if he needed to go to the emergency room, he went.

¶ 9. Following the onset of his injuries, Mixon filed a petition to controvert with the Commission on August 10, 2001, claiming injuries to his heart, shoulders, body as a whole, and other injuries. The AJ found that Mixon had sustained a compensable injury and that he was entitled to disability benefits for 70% loss of use of his upper extremities. Additionally, the AJ determined that Mixon’s average weekly wage was $1,290. Greywolf appealed to the Commission. The Commission affirmed the finding of a compensable injury, but it reduced the loss of use to 25% and the average weekly wage to $607.88. Mixon appealed to the Circuit Court of Simpson County. Greywolf also filed a cross-appeal with the circuit court. However, the Commission’s order was affirmed on August 28, 2009. Mixon appealed and raises the following issues:

I.WHETHER THE COMMISSION ERRED IN FINDING MIXON SUSTAINED A TWENTY-FIVE PERCENT LOSS OF USE
II. WHETHER THE COMMISSION ERRED IN CALCULATING MIXON’S AVERAGE WEEKLY WAGE
III. WHETHER ADDITIONAL INSURANCE CARRIERS SHOULD BE HELD ACCOUNTABLE

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Bluebook (online)
62 So. 3d 414, 2010 Miss. App. LEXIS 671, 2010 WL 5133906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mixon-v-greywolf-drilling-co-lp-missctapp-2010.