Smith v. Sysco Food Services

109 So. 3d 114, 2012 WL 3101264, 2012 Miss. App. LEXIS 470
CourtCourt of Appeals of Mississippi
DecidedJuly 31, 2012
DocketNo. 2011-WC-01161-COA
StatusPublished

This text of 109 So. 3d 114 (Smith v. Sysco Food Services) 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. Sysco Food Services, 109 So. 3d 114, 2012 WL 3101264, 2012 Miss. App. LEXIS 470 (Mich. Ct. App. 2012).

Opinion

BARNES, J.,

for the Court:

¶ 1. Susan Sammie Smith filed a claim for benefits with the Mississippi Workers’ Compensation Commission (Commission) for injuries she claims she suffered while working for Sysco Food Services (Sysco). Her request for benefits was denied by the administrative judge and, subsequently, by the full Commission, which found that Smith failed to prove she sustained cumulative trauma to her hands and neck “manifesting in mid-September 2001” as a result of work-related injuries. She appealed the decision to the Hinds County Circuit Court, which upheld the denial of benefits. On appeal, we find that the Commission’s decision was supported by substantial evidence and affirm.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. Smith began working for Sysco in 1994. Initially, she was employed as a [116]*116selector and pulled orders to be placed on trucks for delivery. Later, she obtained a position unloading trucks in Sysco’s shipping and receiving department. This entailed the use of a hand or electric jack to move pallets of food. Subsequently, Smith worked in the damage area, pulling damaged goods and restocking items. Lastly, Smith worked in the customer service department, pulling orders for customers. All of these positions required Smith to lift and move heavy boxes.

¶ 3. Smith suffered a workplace injury in 1994 when some cases of food hit her in the face.' She was treated for neck and face pain and received a cervical MRI, which was “within normal limits,” although there was some mild posterior spurring at C6-C7. Smith received physical therapy for her cervical strain as a result. She subsequently had another accident when some boxes fell and hit her; although she reported this accident to her supervisor, she did not require medical treatment. In 1996, Smith was treated for arm, face, and head injuries from a chemical spill. On August 21, 1998, Smith was treated for a work-related injury to her left ankle and foot when she slipped on ice in the freezer. Smith’s various injuries were covered by workers’ compensation insurance. Smith claims she also suffered other minor injuries at work, none of which she reported to her supervisor.

¶ 4. On May 18, 1999, Dr. Gary Nelson, Smith’s family practitioner, diagnosed her with acute lumbar strain, a result of a work injury and referred her to Dr. Michael Vise, a neurosurgeon. Smith complained of numbness in her legs. Dr. Vise diagnosed Smith with chronic lumbosacral strain.

¶ 5. In mid-September 2001, Smith was driving to work when she blacked out. Smith said she contacted Sysco to inform the company of her illness and to notify the company of her absence. Smith sought treatment from Dr. Nelson on September 19, 2001, for symptoms of dizziness and nausea. He diagnosed Smith with an upper respiratory infection and sinusitis. A few days later, Smith contacted the clinic, complaining that she was still dizzy, faint, and nauseated. Dr. Nelson concluded that the dizziness likely was caused by Smith’s sinusitis medicine. He provided Smith with a work absence excuse, stating she could return to work on October 8, 2001. As Smith was also experiencing abdominal pain, Dr. Nelson referred her to Dr. James Lewis, an obstetrics and gynecology doctor (OB/GYN), who provided her with a work excuse from October 9 through October 23, 2001. Smith never returned to work at Sysco.

¶ 6. Sysco terminated Smith’s employment on October 26, 2001, for violation of its attendance policy, as she failed to return to work after her doctor’s excuse had expired. In a letter dated November 5, 2001, Sysco notified Smith that due to her unexcused absences totaling eight consecutive days, she was considered to have abandoned her job.1 The letter also informed Smith that she could elect to continue insurance coverage. Denise Jones, Sysco’s human resources director since 1998, later testified that Smith was terminated because Sysco did not hear from Smith for two days (October 24-25, 2001) after her work excuse had expired. Jones said she was never in contact with Smith regarding her absences and refuted Smith’s allegation that when Smith requested medical leave, she told Smith it [117]*117would be denied. Jones stated that she sent Smith some Family Medical Leave Act (FMLA)2 forms, but Smith never returned them.3

¶ 7. Deciding not to seek further treatment from Dr. Lewis, Smith sought treatment from Dr. Ted Roth, an OB/GYN at the University of Mississippi Medical Pavilion. During her initial visit to Dr. Roth on October 8, 2001, he noted in her records that she worked in a warehouse and had “some repetitive motion injury to her hands.” He also stated that she had “[i]n-termittent numbness and tingling of her hands secondary to repetitive motion injury.” However, he did not treat her for this condition; these observations were merely part of her medical history. On her follow-up visit on November 8, 2001, Dr. Roth only noted Smith had reflux and severe abdominal pain. No mention was made of her hands.

¶ 8. In May 2002, Smith sought treatment at Jackson-Hinds Comprehensive' Health Center for numbness in her hands and feet and chest pain. A medical report, dated June 21, 2002, stated that Smith had paresthesia in her hands and feet. A few days later, she was treated for a sore throat and temple pressure. On June 21, 2002, Smith reported neck and lower back pain, along with numbness in the hands and feet, and was diagnosed with degenerative disc disease in the cervical spine. On July 1, 2002, Smith had a cervical MRI that showed disc degeneration at the C5-C6 and C6-C7 levels.

¶ 9. On August 27, 2002, Smith sought medical treatment from Dr. Adam Lewis, a neurosurgeon with the Jackson Neurosurgery Clinic, for neck and lower back pain and numbness in her hands and feet.4 During a follow-up visit on October 5, 2002, she “reported there was no improvement in the carpal tunnel syndrome.” Dr. Lewis performed an endoscopic right carpal ligament release on Smith on October 9, 2002, to relieve the pain. When she returned on December 12, 2002, Smith reported that her right-hand numbness had resolved. On January 15, 2003, Dr. Lewis operated on Smith to treat her cervical spondylosis, and he also performed an endoscopic left carpal ligament resection. On June 20, 2003, Dr. Jacob Mathis, also with the Jackson Neurosurgery Clinic, reported that the fusion was solid, and Smith should only return to the clinic as needed.

¶ 10. Smith returned to the Jackson Neurosurgery Clinic in February 2004, complaining that she was dropping things and being awakened by tingling and numbness in her hands. Wrist splints and physical therapy were recommended; however, when Smith returned in March 2004, it was determined that she did not have a “neurosurgical treatable condition,” and she was referred to a rheumatologist. It was reported that Smith had reached maximum medical improvement on March 10, 2004, with a 25% permanent partial disability.

¶ 11. In the meantime, Smith filed a petition to controvert with the Commission on November 8, 2002, claiming that she was suffering from work-related injuries to her hands, neck, and lower back.5 Smith claimed that she had experienced tingling [118]*118and numbness in her hands since 1994. A hearing was held on November 3, 2008, for the purpose of determining whether Smith sustained a compensable injury during her employment at Sysco.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Raytheon Aerospace Support Serv. v. Miller
861 So. 2d 330 (Mississippi Supreme Court, 2003)
Weatherspoon v. Croft Metals, Inc.
853 So. 2d 776 (Mississippi Supreme Court, 2003)
Shelby v. Peavey Electronics Corp.
724 So. 2d 504 (Court of Appeals of Mississippi, 1998)
HUGH DANCY CO., INC. v. Mooneyham
68 So. 3d 76 (Court of Appeals of Mississippi, 2011)
Mixon v. GREYWOLF DRILLING CO., LP
62 So. 3d 414 (Court of Appeals of Mississippi, 2010)
Smith v. Tronox LLC
76 So. 3d 774 (Court of Appeals of Mississippi, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 114, 2012 WL 3101264, 2012 Miss. App. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-sysco-food-services-missctapp-2012.