Richardson v. JOHNSON ELEC. AUTOMOTIVE

962 So. 2d 146, 2007 WL 2245897
CourtCourt of Appeals of Mississippi
DecidedAugust 7, 2007
Docket2006-WC-01598-COA
StatusPublished
Cited by10 cases

This text of 962 So. 2d 146 (Richardson v. JOHNSON ELEC. AUTOMOTIVE) 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
Richardson v. JOHNSON ELEC. AUTOMOTIVE, 962 So. 2d 146, 2007 WL 2245897 (Mich. Ct. App. 2007).

Opinion

962 So.2d 146 (2007)

Sylvia McGhee RICHARDSON, Appellant
v.
JOHNSON ELECTRIC AUTOMOTIVE, INC., and Zurich American Insurance Company, Appellees.

No. 2006-WC-01598-COA.

Court of Appeals of Mississippi.

August 7, 2007.

*147 Lawrence J. Hakim, Batesville, attorney for appellant.

Joseph T. Wilkins, Jackson, attorney for appellees.

Before KING, C.J., IRVING and ROBERTS, JJ.

ROBERTS, J., for the Court.

STATEMENT OF THE CASE

¶ 1. This workers' compensation action began when Sylvia McGhee Richardson was injured while working at Johnson Electric Automotive, Inc., when the chair she was sitting in rolled out from under her and she fell to the ground. She subsequently filed a petition to controvert on August 13, 2001, claiming disability from injuries to her lower back, neck, left upper extremity, left hip and right knee. However, Johnson Electric would only admit that Richardson's injuries to her left upper extremity and left hip were compensable. Following a trial on the matter, the administrative law judge found that Richardson failed to prove disability. This decision was affirmed by the Full Commission and Circuit Court of Lowndes County. Richardson now appeals to this Court. Finding no error, we affirm.

FACTS

¶ 2. Richardson began working for Johnson Electric in February of 1973, and in 1996 she sustained an injury while at work, which was the subject of a separate workers' compensation claim. As a result of this accident, Richardson injured her left hand, arm and shoulder and initially received treatment from Dr. Joe Hillman. She eventually underwent surgery by Dr. Alan Freeland for her injuries in March 1999. Dr. Freeland would subsequently determine that Richardson reached maximum medical improvement on September 9, 1999, and released her to return to work with restrictions. Richardson then applied for Social Security disability benefits as she was unable to work within Dr. Freeland's restrictions, and in a March 18, 2000 letter from the Social Security Administration (SSA) she was informed that it found her date of disability to be September 25, 1998. Pursuant to SSA guidelines, she began receiving disability payments in March of 2000, and was still receiving payments from the SSA at the time of trial. However, after Johnson Electric consulted with a vocational expert it was able to *148 provide Richardson with a job she could perform within her restrictions, and she returned to work in January of 2000. This workers' compensation claim would later be settled on July 25, 2000.

¶ 3. Richardson was referred to Dr. James McAfee for evaluation of her 1996 injury and she first saw him the morning of January 26, 2000, the day of her injury that gave rise to the current cause of action. Dr. McAfee's notes indicate that Richardson complained of continued pain in her right upper extremity, and he prescribed a splint for her right arm.[1] However, Dr. McAfee's records reveal no complaints of pain in her back or neck. In light of Richardson's continued complaints of pain, during a follow up visit on February 16, 2000, Dr. McAfee ordered a nerve conduction study and EMG of her right upper extremity. Richardson failed to keep her appointment for the nerve conduction study and EMG, as well as follow up therapy visits ordered by Dr. McAfee. As a result, she was discharged from his care on February 21, 2000.

¶ 4. Richardson's new job with Johnson Electric required her to sit in a high chair with rollers and on January 26, 2000, approximately two or three weeks after she went back to work, the chair rolled out from underneath her causing her to fall approximately thirty inches. As a result of her prior injuries, both of Richardson's arms were in splints. She landed on her back, left hip and left elbow when she fell, and was taken to the emergency room at Baptist Memorial Hospital in Columbus soon after the accident. The emergency room report indicates that Richardson complained of pain in her left arm and left hip when she arrived. She testified during the hearing in front of the administrative law judge (ALJ) that the following day she complained of pain in her neck, shoulders and lower back to her supervisor, who then set an appointment for Richardson to see Dr. Hillman that day. Richardson testified that during this initial consultation she complained of pain in her left elbow, left hip and lower back. However, Dr. Hillman's records show no mention of a complaint of back pain or neck pain on January 27, 2000. Dr. Hillman's records did not show a complaint of neck pain until September 2000. Dr. Hillman saw Richardson on several occasions throughout the next three years and served as Richardson's only source of medical testimony relating to her claims of injury resulting from the January 26, 2000 accident.

¶ 5. Richardson testified that she saw Dr. Christopher Moon, a podiatrist, for pain and swelling in both her feet on May 31, 2001. That day, he prescribed a walking cast for her right foot which she wore for approximately two weeks. She testified that roughly a month after she removed the cast she was exiting her front door and fell.[2] Richardson stated that she lost feeling in her right leg and her back gave out causing her to fall on her knees in her yard. However, during her deposition she stated that her left leg gave out and she landed on rocks. Her knees began to swell and, because Dr. Hillman was unavailable at this time, she contacted Dr. Michael Pomphrey, an orthopedic surgeon. She testified that Dr. Pomphrey performed knee surgery in July and August of 2001.

¶ 6. Dr. Pomphrey testified during his deposition that he first saw Richardson on July 3, 2001, for complaints of right foot pain, right knee pain and right hip pain. *149 According to Dr. Pomphrey, she did not give any specific history concerning how she may have injured herself and only mentioned prior treatment from Dr. Freeland. Additionally, he stated that she vaguely remembered a fall, but stated that she claimed that she caught herself before hitting the ground. Dr. Pomphrey testified that he performed knee surgery on Richardson's right knee on July 27, 2001, and on her left knee on August 27, 2001. During a pre-surgery consultation prior to the August 27, 2001 surgery, Richardson indicated that she remembered falling in June. However, Dr. Pomphrey testified that Richardson never mentioned any neck or back pain during the time he was treating her from July 2001 to November 2001.

¶ 7. At the request of Johnson Electric, Richardson was examined by Dr. Howard Katz on October 28, 2002. In preparation of his report, Dr. Katz reviewed records from every physician who examined Richardson for back, neck,[3] upper extremity or lower extremity complaints since 1993. Subsequent to reviewing Dr. Katz's twenty-two page report, the ALJ found that,

it was Dr. Katz's opinion, in essence, that Ms. Richardson may have temporarily aggravated a preexisting lumbar condition of long standing when she fell on January 26, 2000; that even if she did suffer an aggravation on that date, she had reached maximum medical improvement from any such aggravation by March of 2000; and that there was no way to determine to a reasonable degree of medical probability what caused either of the claimant's reported falls in 2001.

¶ 8. Richardson testified that her left knee was still troublesome and she would later have another surgery on it in Birmingham, Alabama by Dr. Lauren Savage, an orthopedist. As noted by the ALJ, there is no mention of any falls, of any back pain, or of any neck pain throughout Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
962 So. 2d 146, 2007 WL 2245897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-johnson-elec-automotive-missctapp-2007.