Smith v. BC Rogers Processors, Inc.

743 So. 2d 997, 1999 Miss. App. LEXIS 243, 1997 WL 1106629
CourtCourt of Appeals of Mississippi
DecidedMay 4, 1999
Docket97-CC-00221 COA
StatusPublished
Cited by8 cases

This text of 743 So. 2d 997 (Smith v. BC Rogers Processors, Inc.) 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
Smith v. BC Rogers Processors, Inc., 743 So. 2d 997, 1999 Miss. App. LEXIS 243, 1997 WL 1106629 (Mich. Ct. App. 1999).

Opinion

743 So.2d 997 (1999)

Nannie N. SMITH, Appellant,
v.
B.C. ROGERS PROCESSORS, INC., Appellee.

No. 97-CC-00221 COA.

Court of Appeals of Mississippi.

May 4, 1999.

*998 Lampton O. Williams, Jr., Poplarville, Attorney for Appellant.

Gilson Davis Peterson, Ridgeland, Attorney for Appellee.

EN BANC.

COLEMAN, J., for the Court:

¶ 1. Nannie N. Smith appeals from the "Findings and Order" rendered by the Circuit Court of Pike County which affirmed the "Full Commission Order" of the Mississippi Workers' Compensation Commission. The Commission's order affirmed the "Order of Administrative Judge," but amended it to terminate Ms. Smith's third period of temporary total disability as of November 10, 1992, rather than January 1, 1993, as ordered by the administrative judge. A consequence of the Commission's terminating Ms. Smith's third period of temporary total disability as of November 10, 1992 was to deny payment to Dr. Sharon Collins for her services rendered to Ms. Smith because Dr. Collins examined Ms. Smith for the first time on March 25, 1993. As required by Rule 28(a)(3) of the Mississippi Rules of Appellate Procedure, Ms. Smith presents to this Court for its analysis and resolution the following five issues contained in her statement of issues. We quote her issues verbatim:

1. The Commission and lower court's decision should be modified based on the evidence and the beneficent purposes of the Mississippi Workers' Compensation Law.
2. The appellant Nannie N. Smith is totally disabled and entitled to workers' *999 compensation benefits in the amount of $133.34 per week for a period of 450 weeks[,] and the Commission and lower court erred in finding that Nannie N. Smith, because of her injuries sustained in her industrial accidents, was only temporarily totally occupationally disabled from March 26, 1992 through April 3, 1992[;] April 8, 1992 through April 27, 1992[;] and July 27, 1992 through November 10, 1992[;] except for periods when she may have worked.
3. The Commission and [circuit] court erred in ordering the employer [to] pay Nannie N. Smith temporary total disability benefits in the amount of $133.34 per week only for the periods from March 26, 1992 through April 3, 1992[;] April 8, 1992 through April 27, 1992[;] and July 27, 1992 through November 10, 1992[;] minus any amount already paid and any period which Ms. Smith may have worked.
4. The Commission and [circuit] court erred in not finding that Ms. Smith is temporarily totally disabled and entitled to workers' compensation benefits in the amount of $133.34 during the period of her disability.
5. The Commission and [circuit] court erred in not awarding Ms. Smith all reasonable and necessary medical benefits past, present and future including the expenses of treatment by Dr. Sharon Collins.

From our analysis of these issues, we find no error and affirm the "Findings and Order" of the circuit court.

I. FACTS

¶ 2. Appellant Nannie Smith was employed by appellee, B.C. Rogers Processing, Inc., (Rogers) as a fillet puller on an assembly line. A fillet puller "pulls the breast part of the meat off the bone." On March 26, 1992, Ms. Smith twisted her left ankle when she slipped on a wet stairway on the B.C. Rogers premises. She reported the accident to her supervisor, who instructed her to go to the emergency room of Southwest Mississippi Regional Medical Center in McComb for treatment. Four days later, on March 30, Dr. Henry L. Lewis, a family practitioner, examined Ms. Smith's sprained ankle, prescribed medication, and instructed her that she could return to work on April 3, 1992.

¶ 3. On April 8, 1992 while she was at work, Ms. Smith slipped again and injured her back. Dr. Lewis prescribed physical therapy and referred Ms. Smith to Dr. Thomas Jeffcoat, an orthopedic surgeon. Dr. Jeffcoat found that the tenderness over Ms. Smith's right scapula medial border indicated bursitis, and he treated the right scapula area with an injection. He released Ms. Smith to return to her work on April 27, 1992.

¶ 4. After Ms. Smith returned to her work for the second time, she slipped for the third time on July 22, 1992, as she entered a B.C. Rogers building where rain had dampened the floor. She was treated at Southwest Mississippi Regional Medical Center, and Dr. Jeffcoat examined her injuries that same day. Dr. Jeffcoat noted that Ms. Smith retained a good range of motion of her neck and lower back and that she experienced pain in raising her legs. He diagnosed Ms. Smith's condition as a low back strain and recommended physical therapy. After conducting a follow-up examination on August 3, 1992, Dr. Jeffcoat released her to return to her work without restrictions.

¶ 5. Later, Ms. Smith requested of Rogers that it extend workers' compensation coverage for treatment by Dr. George Wilkerson after Dr. Jeffcoat released her to resume her work. Mike Dolle, the insurance manager for Rogers, agreed that Rogers would pay Dr. Wilkerson for his treatment of Ms. Smith and for any tests associated with it. Dr. Wilkerson, a neurologist, initially saw Ms. Smith on August 20, 1992, when Smith complained of pain running down her legs, particularly her right leg; numbness and spasm in her left arm; headaches; and light-headedness. Dr. Wilkerson diagnosed a lumbosacral *1000 strain and admitted Smith to Methodist Hospital in Hattiesburg for diagnostic testing, including a cervical, lumbar, and thoracic myelogram, a CAT scan, nerve tests, and a bone scan. The test results were all normal except for the bone scan, which indicated some sclerotic changes in Ms. Smith's lumbar spine. Dr. Wilkerson considered these changes insignificant. He concluded that Ms. Smith had no major impairment and thus was able to return to work.

¶ 6. Yet unsatisfied with her perceived lack of progress in her recovery, Ms. Smith next requested that Rogers authorize Dr. David Bomboy, a Hattiesburg orthopedic surgeon to whom Dr. Wilkerson had referred her, to examine her. Dolle again authorized payment for Dr. Bomboy's examination and treatment of Ms. Smith's condition. When Dr. Bomboy examined Ms. Smith on November 9, 1992, she complained of pain in her back and left shoulder. Dr. Bomboy found that Smith had full, unrestricted motion in her back and a negative straight leg raising to 90 degrees. After reviewing Smith's myelogram and CAT scan and determining that the results were normal, he released Smith to return to work as of November 10, 1992.

¶ 7. Ms. Smith never returned to her work at Rogers. Instead, more than four months later, on March 25, 1993, without prior authorization from B.C. Rogers, Ms. Smith sought further treatment from Dr. Sharon Collins, a family physician in Tylertown. Dr. Collins examined Ms. Smith on March 25, April 13, April 20, June 4, November 12, November 23, and December 9, all in the year 1993. Pursuant to an appointment which Dr. Collins had made earlier, Dr. Dan Matthews, a resident in orthopedics at the University of Mississippi Medical Center, examined Ms. Smith at the University Hospital's spine clinic in Jackson on January 14, 1994. Dr. James L. Hughes, an orthopedicist on the staff of the University of Mississippi Medical Center, supervised Dr. Matthews's residency and later conferred with Dr. Matthews about Dr. Matthews's examination of and proposed treatment of Ms. Smith's problem. Dr. Matthews's diagnosis of Ms. Smith's condition was "low back pain with non-organic origin." After her visit to the medical center's spine clinic, where Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
743 So. 2d 997, 1999 Miss. App. LEXIS 243, 1997 WL 1106629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-bc-rogers-processors-inc-missctapp-1999.