Smith v. Container General Corp.

559 So. 2d 1019, 1990 WL 39791
CourtMississippi Supreme Court
DecidedApril 4, 1990
Docket07-CC-58803
StatusPublished
Cited by28 cases

This text of 559 So. 2d 1019 (Smith v. Container General Corp.) 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
Smith v. Container General Corp., 559 So. 2d 1019, 1990 WL 39791 (Mich. 1990).

Opinion

559 So.2d 1019 (1990)

Pearly Marion SMITH
v.
CONTAINER GENERAL CORPORATION and Northbrook Property and Casualty Insurance Company.

No. 07-CC-58803.

Supreme Court of Mississippi.

April 4, 1990.

*1020 Thomas D. Berry, Jr., Gulfport, for appellant.

David L. Cobb, Bryan Nelson Allen Schroeder & Cobb, Mark W. Garriga, Bryan Nelson Allen Firm, Gulfport, for appellees.

Before ROY NOBLE LEE, C.J., and SULLIVAN and PITTMAN, JJ.

SULLIVAN, Justice, for the Court:

This is an appeal from a judgment rendered in a workers' compensation case from the Circuit Court of the First Judicial District of Harrison County, the Honorable Kosta Vlahos, presiding, affirming a decision of the Mississippi Workers' Compensation Commission. In that decision, the Commission ruled that an employee, Pearly Marion Smith, was not entitled to workers' compensation benefits in connection with an idiopathic fall caused by an alcohol withdrawal seizure while on the job at Container General Corporation. From this adverse judgment, Pearly Marion Smith appeals to this Court. Finding that the lower court erred in its application of the law, we reverse and remand.

On March 24, 1983, Pearly Marion Smith (Pearly) suffered a fractured left elbow while on the job at the Chattanooga Glass Company, currently the Container General Corporation (Container). Because of these injuries, Pearly was disabled for a period of time and received workers' compensation benefits until his return to work in December, 1983. On February 29, 1984, while on the job at Container, Pearly fell at work. It is from this second accident that the current dispute arises.

As to this second accident, the parties have stipulated the following:

1. That Pearly Smith fell while working on February 29, 1984, as a result of alcohol withdrawal syndrome.

2. That the floor area where Pearly Smith worked consisted of an approximately three foot wide rubber mat covering a concrete floor upon which the workers stood.

3. That there was a wooden pallet approximately five to six inches high next to Pearly Smith.

4. That when Pearly Smith fell, his right shoulder struck the wooden pallet prior to striking the concrete; that Pearly Smith did not land on the rubber mat upon which the workers stood.

5. That Pearly Smith's ribs which were found to be fractured on February 29, 1984, were possibly fractured when CPR or artificial respiration was administered by one of Smith's fellow workers in an effort to get Mr. Smith to breath.

*1021 Based upon the evidence presented, the administrative law judge determined that Pearly's injuries were caused by risk, or condition, personal to Pearly, namely, alcohol withdrawal syndrome and rejected his claim for benefits. This finding was adopted by the Mississippi Workers' Compensation Commission on February 11, 1986. On April 28, 1987, the Circuit Court of Harrison County, First Judicial District, issued an order which affirmed the Commission's finding.

I.

DID THE COMMISSION ERR IN ITS APPLICATION OF LAW?

Pearly argues that the Commission erred in its determination that the injuries sustained in the February 29, 1984, fall were not causally related to his employment. Our jurisprudence has clearly established this Court's scope of review in a workers' compensation case. Recently in the case of Quitman Knitting Mill v. Smith, 540 So.2d 623, 626-627 (Miss. 1989), quoting from Fought v. Stuart C. Irby Co., 523 So.2d 314, 317 (Miss. 1988), this Court stated:

The Workers' Compensation Commission is the trier and finder of facts in a compensation claim, the findings of the Administrative Law Judge to the contrary notwithstanding. See, Dunn, Mississippi Workers' Compensation § 284 (3d Ed. 1982)... . this Court will reverse the Commission's order only if it finds that order clearly erroneous and contrary to the overwhelming weight of the evidence.

The current statutory language of § 71-3-3(b), Mississippi Code Annotated (1972), as Amended, provides:

"Injury" means accidental injury or accidental death arising out of and in the course of employment without regard to fault which results from an untoward event or events, if contributed to or aggravated or accelerated by the employment in a significant manner.

At the time of Pearly's fall, § 71-3-3(b), Mississippi Code Annotated (1972), in pertinent part, provided, "`Injury' means accidental injury or accidental death arising out of and in the course of employment... . ."

Of relevance to our analysis, § 71-3-7, Mississippi Code Annotated (1972), provides in part, "Compensation shall be payable for disability or death of an employee from injury or occupational disease arising out of and in the course of employment, without regard to cause of the injury or occupational disease."

Generally, "arising out of and in the course of employment" has been interpreted as requiring a causal connection between the injury and the conditions under which the work is required to be performed. See Dunn, Mississippi Workmens' Compensation, § 156 (3d Ed. 1982); Earnest v. Interstate Life and Acc. Ins. Co., 238 Miss. 648, 119 So.2d 782 (1960).

Counsel for Container cites Malone & Hyde of Tupelo, Inc. v. Hall, 183 So.2d 626 (Miss. 1966), for the proposition that because an injury occurs while the claimant is on the job, the situs of the injury alone does not necessarily imply that the injury is compensable under the Workers' Compensation Act. In that case, the claimant suffered injury to his lower back after he coughed or sneezed while driving a truck for his employer. In reinstating the finding of the Commission that there was no causal connection between the claimant's employment and his disability, this Court stated:

The testimony in the record was, if not overwhelming, amply substantial to support the Commission's finding that the condition of the appellee was primarily due to a degenerated intervertebral disk which had pre-existed the date of the claimed injury; that the cough or sneeze was completely unrelated to the employment.

183 So.2d at 629-630.

The situation in Malone & Hyde is clearly distinguishable from the one at hand. In that case, the claimant's injury was in no way causally connected to his employment. In this case, Pearly's alleged injuries were caused from falling upon and *1022 striking his employer's floor. In the former case, it was not a work related risk which caused that claimant's back injury. In the current case, the employer's floor provided the risk.

Controlling authority for Pearly's position is found in Chapman, Dependents of v. Hanson Scale Co., 495 So.2d 1357, 1360-1361 (Miss. 1986). In that case, a worker died on the job as a result of an idiopathic fall and fatally striking his head upon the concrete floor on his employer's premises. Evidence suggested that the fall was a result of a grand mal seizure. The Commission adopted the Administrative Judge's finding that the worker's death was not causally related to his employment and was the product of a grand mal seizure. The circuit court affirmed. However, in reversing and holding this accident to be compensable, this Court stated:

Injury or death arises out of and in the course of employment even when the employment merely aggravates, accelerates or contributes to the injury. See Dunn, Mississippi Workers' Compensation § 164 (3d Ed. 1982).

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Bluebook (online)
559 So. 2d 1019, 1990 WL 39791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-container-general-corp-miss-1990.