Rea v. Rust Engineering

813 So. 2d 779, 2002 Miss. App. LEXIS 164, 2002 WL 453738
CourtCourt of Appeals of Mississippi
DecidedMarch 26, 2002
DocketNo. 2001-WC-00593-COA
StatusPublished

This text of 813 So. 2d 779 (Rea v. Rust Engineering) 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
Rea v. Rust Engineering, 813 So. 2d 779, 2002 Miss. App. LEXIS 164, 2002 WL 453738 (Mich. Ct. App. 2002).

Opinion

KING, P.J.,

for the court.

¶ 1. Elmer L. Rea appeals the decision of the Monroe County Circuit Court affirming the Mississippi Workers’ Compensation Commission which determined that Rea did not suffer a work-related injury to his back on July 5, 1996. Aggrieved by this decision, Rea raises the following issues on appeal:

I. Did the Claimant suffer a work-related back injury on July 5,1996?
II. Did the Claimant suffer a permanent disability from the work-related injury?
III. Was medical treatment by Dr. Do-minie Cannella reasonable and necessary?

FACTS

¶ 2. During the early part of 1996, Rea was employed as an electrician by Rust Engineering at a chemical plant located in Aberdeen, Mississippi. Rea’s job at the plant was to put “heat sinks on pipes to prevent them from freezing during cold weather.” According to Rea, on July 5, 1996, while working at the plant, he attempted to step onto a beam and his foot slipped. Rea claimed that he fell back and hit a steel beam causing injury to his left leg and back.

¶ 3. That evening, Rea went to see Dr. Arthur Brown in Aberdeen. Rea stated that he told Dr. Brown that his leg and back were hurting. Dr. Brown gave Rea an injection for pain and prescribed medication. The following Monday, Rea returned to work. According to Rea, he went to the first aid office claiming to have pain in his back and leg. The safety manager inspected Rea’s leg and advised him to see a doctor. Rea returned to Dr. Brown, who after examining Rea, admitted him to the hospital, where he remained for approximately one week. Upon release, Rea returned to work at Rust Engineering, and was given “light duty” (Rea sat in a chair and issued tools to other workers). Rea performed this assignment for approximately one week.

¶ 4. Rea testified that after that week, he no longer worked for Rust Engineering. While unable to recall what happened regarding his employment at Rust, Rea acknowledged that Rust had contacted him on several occasions about working on other projects. Following his employment with Rust Engineering, Rea worked as an electrician with two other companies.

¶ 5. Rea continued to see Dr. Brown for problems related to his leg. Rea claimed that his back was hurting at the same time that his leg was in pain, but that his leg was hurting worse. Dr. Brown thought Rea’s leg problem was probably related to a different matter, diabetes.

¶ 6. According to Dr. Brown, Rea reached maximum medical improvement on July 19, 1996, from his work-related injury of July 5, 1996. Rea was released from Dr. Brown’s care regarding his work-related injury with no restrictions or impairment ratings from his injury.

¶ 7. On November 4, 1996, Rea visited Pascagoula, Mississippi, where he went to the emergency room at the Singing River Hospital due to complaints of back pain. Under “chief complaints,” the medical records from the hospital state that Rea complained of “low back pain x one week-coughed & sneezed real hard & felt back ‘pop.’ ” The emergency room physician prescribed a medication, which Rea states was ineffective for back pain.

[782]*782¶ 8. As Rea claims to have had continued problems, he saw Dr. Gilliland in Tupelo who subsequently referred him to Dr. Dominic Cannella, a back surgeon. Dr. Can-nella’s records, which showed that Rea’s chief complaint on October 30, 1997, was “left leg pain of an uncertain etiology,” contained the following history of Rea’s illness:

The patient is a 68 year old white male whose history dates back one year ago when he fell from a steel beam and injured his left leg. He has complained of left leg pain ever since.
He denies low back pain, but he does describe pain in the left buttock, left lateral thigh, left lateral calf, and left pretibial area, with associated paresthe-sias involving the left lateral calf, left pretibial area, and along the medial aspect of the left foot. He denies left leg weakness.

¶ 9. In November 1997, Dr. Cannella, in response to Rea’s complaint of left leg and lower back pain performed back surgery on Rea. Rea indicated the receipt of some relief from this surgery, but stated the back pain returned. In January 1998, Dr. Cannella performed a second back surgery on Rea. Rea testified that Dr. Cannella recommended that a third back surgery be performed. However, Rea requested that it be put off.

¶ 10. Eddie Harris, Rust Engineering’s safety manager, testified as the employer’s representative. Harris testified that while all employees are made aware of the necessity of reporting on-the-job injuries, Rea never reported any problems with his back nor did he report that he had fallen on his back. Harris stated that the only injury he was aware of was the injury to Rea’s leg. Harris also denied that Rust Engineering had been advised by Rea’s doctor to place him on “light duty.” At the hearing on June 29, 1999, Rea stated that he did not tell his employer anything about the injury on the day it occurred.

¶ 11. Rea’s supervisor, Charles Hewlett, testified by deposition. Hewlett stated that as a matter of practice he always documented on-the-job injuries, and the lack of a record meant no injury was reported to him. Rea disputed that testimony.

¶ 12. On January 6, 1997, Rea filed a petition to controvert with the Mississippi Workers’ Compensation Commission alleging that he injured his left leg while “putting up pipe and hit his shin on some steel after he slipped.” On January 30, 1997, Rust Engineering and its insurance carrier, Liberty Mutual, filed an answer denying Rea’s claim. On March 24, 1997, Rust Engineering and Liberty Mutual filed an amended answer admitting that Rea sustained a leg injury but denied further benefits.

¶ 13. On January 20, 1998, Rea filed an amended petition to controvert, claiming that he injured his left leg and his back on-the-job on July 5, 1996. On January 27, 1998, Rust Engineering and Liberty Mutual filed a second amended answer admitting that Rea sustained an injury to his left leg only and denying any occurrence or causal connection of any alleged back injury.

¶ 14. On June 29, 1999, a hearing was held before Administrative Law Judge Melba Dixon. On August 31, 1999, Judge Dixon ordered:

1. Temporary total disability benefits at the rate of $264.44 per week beginning July 5, 1996 and continuing until July 19, 1996. There shall be added to each installment of compensation not timely paid the equivalent of 10% thereof as provided in Mississippi Code Annotated Section 71-3-37(5) of the Act, together with interest at the legal rate on [783]*783all unpaid installments. The employer/carrier is entitled to credit for any such payments of compensation heretofore made to claimant or for any wages earned by the claimant during this period of time.
2. Pay for, furnish and provide to the claimant all reasonable and necessary medical services and supplies as the nature of claimant’s injury to his left leg or the process of his recovery may require pursuant to Section 71-8-15 (1972), as amended and the Medical Fee Schedule.

¶ 15. On September 15, 1999, Rea filed a notice of appeal to the Full Commission. On June 18, 2000, the Full Commission affirmed the order of the administrative law judge.

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Bluebook (online)
813 So. 2d 779, 2002 Miss. App. LEXIS 164, 2002 WL 453738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rea-v-rust-engineering-missctapp-2002.