Texas Gas Transmission Corp. v. Dabney

919 So. 2d 1079, 2005 Miss. App. LEXIS 519, 2005 WL 1805048
CourtCourt of Appeals of Mississippi
DecidedAugust 2, 2005
DocketNo. 2004-WC-00064-COA
StatusPublished
Cited by4 cases

This text of 919 So. 2d 1079 (Texas Gas Transmission Corp. v. Dabney) 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
Texas Gas Transmission Corp. v. Dabney, 919 So. 2d 1079, 2005 Miss. App. LEXIS 519, 2005 WL 1805048 (Mich. Ct. App. 2005).

Opinions

IRVING, J.,

for the Court.

¶ 1. Elmer Dabney filed a petition to controvert, alleging that he had received a snakebite on September 1, 1992, while in the course and scope of his employment with Texas Gas Transmission Company. On January 25, 1995, a hearing was held before an administrative law judge, and the administrative law judge found that Dabney had a compensable injury as a result of the snakebite. The administrative law judge awarded temporary total disability benefits from September 1, 1992, to and including September 13, 1993, at the rate of $227.18 per week. She also ordered fifty-two and one-half weeks of permanent partial disability benefits, at the same weekly rate, based upon a thirty percent impairment rating of the lower extremity and a maximum medical improvement date of September 13, 1993. The administrative law judge further ordered Texas Gas and Liberty Mutual Insurance Company, its workers’ compensation carrier (Texas Gas/Liberty Mutual), “to provide medical services and supplies as required by the nature of [Dabney’s] injury and the process of his recovery therefrom-” The order of the administrative law judge was entered on July 17, 1995. Texas Gas/Liberty Mutual appealed the administrative law judge’s decision to the Full Commission which, on March 15, 1996, affirmed the order of the administrative law judge. Texas Gas/Liberty Mutual did not appeal the decision of the Full Commission. Therefore, the Full Commission’s March 15, 1996 order became final and binding upon Texas Gas/Liberty Mutual.

¶ 2. Over three years later, on May 7, 1999, Dabney filed a motion with the Mississippi Workers’ Compensation Commission seeking to reopen the case and to compel the payment of a medical bill in the amount of $1,135.99 from Neurology Clinic, P.A. On May 7, 2002, a hearing was held before an administrative law judge. On September 11, 2002, the administrative law judge held that the immunoglobulin treatment rendered by Dr. Charles A. Cape of the Neurology Clinic was medically necessary and ordered Texas Gas/Liberty Mutual to provide “[m]edical treatment, services and supplies ... for such period as [Dabney’s] injury and the process of [Dabney’s] recovery may require, specifically including the immunoglobulin treatment recommended by Dr. Cape and now tendered by Dr. O’Brien.... ” However, the administrative law judge did not award additional benefits for temporary total disability or permanent partial disability.

¶ 3. Thereafter, Dabney filed a motion to amend the opinion of the administrative law judge to include additional benefits. This motion was denied, and both Dabney and Texas Gas/Liberty Mutual appealed to the Full Commission. The Full Commission affirmed in toto the order of the administrative law judge. Texas Gas/Liberty Mutual appealed to the circuit court, and Dabney filed a cross-appeal. The Circuit Court of DeSoto County affirmed the decision of the Full Commission.

¶ 4. Texas Gas/Liberty Mutual has now appealed the decision of the circuit court, asserting the following issues: (1) whether the order of the Full Commission should be overruled because there is no expert scientific or medical evidence which proves by a reasonable degree of medical probability that Dabney’s condition of peripheral [1082]*1082poylneuropathy was caused by a copperhead snakebite, and (2) whether Dabney suffers from pre-existing diseases or unrelated medical conditions which are medically recognized causes of neuropathy and, if so, whether Dabney proved a direct causal relationship between his current medical condition of peripheral polyneuro-pathy and the incident of a copperhead snakebite. Texas Gas/Liberty Mutual also argues that the evidence was insufficient to support the findings of the Full Commission that Dabney’s current medical condition of polyneuropathy was caused by copperhead snake venom. Texas Gas/Liberty Mutual further argues that Dabney’s current medical treatment of injection of immunoglobulin drugs is not medically reasonable and necessary for his diagnosis of mild polyneuropathy.

¶ 5. Dabney has cross-appealed, asserting that the Full Commission was in error in not awarding additional temporary total disability or permanent partial disability benefits.

FACTS

¶ 6. Dabney was employed by Texas Gas for twenty-four years as an electrical specialist. On September 1, 1992, Dabney became ill while at work and was transported from work to Baptist Memorial Hospital-DeSoto. He was admitted for cardiac evaluation and diagnosed with hypertensive crisis with chest pain and possible transient ischemic attack. However, Dabney testified that he was hospitalized because he was bitten that day by a snake, supposedly a copperhead, while in the course and scope of his employment with Texas Gas.

¶ 7. Dabney took an early retirement in May or June of 1995, when he was fifty-nine years old. Dabney testified that his supervisor, Jerrell Wheat, gave him the option to perform a job making clerk’s pay or take an early retirement and that early retirement was the most viable option.

¶ 8. Currently, Dabney’s principal treatment is immunogloblin treatment which stimulates the nerves and reduces the pain. Dabney testified that he will have to continue the immunoglobulin treatment for the rest of life. Dabney has numerous medical conditions including gastrectomy, anemia, a severe fibula break, left ankle fracture, an injury to the left knee and an injury to the left wrist requiring surgery, rotator cuff surgery resulting in residual arthritic conditions, degenerative disc disease resulting in back surgery, a cardiovascular condition resulting in several heart attacks, osteomyelitism, and stroke.

¶ 9. Dabney was treated by various physicians including Dr. Tom Morris, Dr. Cape, and Dr. Malcolm Baxter.1 On October 13, 1992, Dabney was treated by Dr. Morris, orthopedic surgeon, for either an insect or snakebite on the left calf. Dr. Morris treated Dabney because Dabney had an area of cellulitis secondary to the snakebite which was in an area of his leg where he had experienced a previous orthopedic procedure on the fibula. Dabney was admitted to the hospital for intravenous antibiotics and possible drainage of the left leg. Dabney stayed in the hospital two days and was discharged with cellulitis with abscess formation.

¶ 10. After several treatments with antibiotics, the cellulitis resolved itself. Dr. Morris stated that on January 4, 1993, when Dabney complained of chest pain, [1083]*1083the leg infection had been resolved. On May 19, 1993, Dabney went to the emergency room with a tender and swollen left leg and was admitted to the hospital and followed for several days but released with a determination of bacteria cultured for drainage. Dabney had a relapse on August of 1993 that was treated the same way. Dr. Morris never treated Dabney for polyneuropathy.

¶ 11. Dr. Malcolm Baxter, Jr., board certified family practitioner in Hernando, Mississippi, testified that he had treated Dabney and his family’ since 1987 and last saw Dabney on July 9, 2001. Dr. Baxter treated Dabney for a snakebite that Dab-ney reported on September 1, 1992. Dr. Baxter testified to a reasonable degree of medical certainty that the neuropathy that Dabney suffers is secondary to the snakebite. The bases of Dr.

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

Related

McMullen-Anthony v. Tecumseh Products Co.
203 So. 3d 1185 (Court of Appeals of Mississippi, 2016)
BellSouth Telecommunications, Inc. v. Harris
174 So. 3d 909 (Court of Appeals of Mississippi, 2015)
Clark v. Spherion Corp.
11 So. 3d 774 (Court of Appeals of Mississippi, 2009)
Shipp v. THOMAS AND BETTS
13 So. 3d 332 (Court of Appeals of Mississippi, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
919 So. 2d 1079, 2005 Miss. App. LEXIS 519, 2005 WL 1805048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-gas-transmission-corp-v-dabney-missctapp-2005.