Waffle House, Inc. v. Allam

976 So. 2d 919, 2007 Miss. App. LEXIS 466, 2007 WL 2034504
Court of Appeals of Mississippi·Decided July 17, 2007·No. No. 2006-WC-00840-COA·Published·Cited by 7 cases

Opinion

GRIFFIS, J.,

for the Court.

¶ 1. Kimberly Allam filed a workers’ compensation claim against her employer, Waffle House, Inc., for injuries sustained when she fell while unloading boxes from a delivery truck. The Workers’ Compensation Commission held that her injury was not compensable. The Hinds County Circuit Court reversed the Commission’s decision. Waffle House appeals and argues that the circuit court’s decision was not supported by substantial evidence. We find no error and affirm. We remand to the case to the Commission for a determination of benefits.

[921] FACTS

¶ 2. In the summer of 2003, Allam was employed as a district relief manager for Waffle House. Her job was to relieve district managers on their off days. Around June 9, she was working at the Waffle House located on the 1-55 North Frontage Road in Jackson. While carrying a box from a delivery truck to the cooler, she slipped on a package of ketchup and fell and landed on her right buttock. At the time, she did not realize that she had also hurt her back as well. When the driver of the delivery truck came in, she informed him that she had just fallen.

¶ 3. When her district manager, Les Brewer, called her later that day, she informed him of the accident. The next morning, she also informed her other district manager Troy Ridgely and division manager Robert Wilbanks of the accident and injury. Ridgely and Wilbanks denied that the fall hurt her. Ridgely told her she just lacked enough potassium and needed to eat a banana. Wilbanks flippantly suggested that perhaps “wild sex” was the culprit. Allam kept reporting the injury to her managers every time she saw them and told them she was in too much pain to keep working.

¶ 4. The following Monday, June 16, Al-lam went to see Dr. C. Brent Meador with complaints of lower back pain radiating into her right buttock and posterior thigh and calf. She was eventually diagnosed with a bulging disc which was pressing on her lower right back. After non-operative treatment proved unsuccessful, she had back surgery on October 27.

¶ 5. Allam eventually quit work at Waffle House because she was in too much pain and her employer refused to give her lighter work or fewer hours. She tried a series of other similar jobs, which she proved unable to tolerate physically. There were two other jobs for which she applied, but she could not get those because she did not have an open checking account.

¶ 6. On October 20, 2003, Allam filed her petition to controvert. A hearing was held before the administrative law judge, and the only evidence presented came from Allam and her medical records. Allam’s medical records indicated that she sustained an on-the-job injury as a result of a fall and a “lifting injury” at the time she alleged. The independent medical examination concluded that Allam’s injuries were consistent with her description of the accident. Waffle House did not offer any evidence. The Commission, however, determined that Allam had not sustained a work related injury. The circuit court reversed and held that it was error to disregard Allam’s undisputed testimony.

STANDARD OF REVIEW

¶ 7. This Court’s scope of review in workers compensation cases is limited to a determination of whether the decision of the Commission is supported by substantial evidence. Westmoreland v. Landmark Furniture, Inc., 152, So.2d 444, 447(¶ 7) (Miss.Ct.App.1999). The Commission sits as the ultimate finder of fact; its findings are subject to normal, deferential standards upon review. Natchez Equip. Co. v. Gibbs, 623 So.2d 270, 273 (Miss.1993). We will only reverse the Commission’s rulings where findings of fact are unsupported by substantial evidence, matters of law are clearly erroneous, or the decision was arbitrary and capricious. Westmoreland, 752 So.2d at 448(¶ 8); Hale v. Ruleville Health Care Ctr., 687 So.2d 1221, 1225 (Miss.1997).

¶ 8. “[A] finding is clearly erroneous when, although there is some slight evidence to support it, the reviewing court on the entire evidence is left with the [922] definite and firm conviction that a mistake has been made by the Commission in its findings of fact and in its application of the Act.” J.R. Logging v. Halford, 765 So.2d 580, 583(¶ 13) (Miss.Ct.App.2000). “Where no evidence or only a scintilla of evidence supports a Worker’s Compensation Commission decision, this Court does not hesitate to reverse.” Foamex Prods., Inc. v. Simons, 822 So.2d 1050, 1053(¶ 11) (Miss.Ct.App.2002).

ANALYSIS

¶ 9. Waffle House argues that the Commission was able to determine Allam’s credibility and reject her testimony on that basis. To support this claim, Waffle House argues that Allam’s testimony was wholly uncorroborated and contradicted by the medical records. Allam disagrees, argues that her testimony was corroborated by the medical records, and maintains that it was error for the Commission to reject her undisputed evidence.

¶ 10. When the claimant’s testimony is undisputed and not so unreasonable as to be unbelievable, taking into account the factual setting of the claim, her testimony generally ought to be accepted as true. Westmoreland, 752 So.2d at 449(¶ 15). “Likewise, the Commission, sitting as judge of the credibility of the witnesses, has the authority to accept or reject testimony depending on the circumstances which demonstrates the degree of trustworthiness or credibility accompanying the testimony at issue.” Id. “Negative testimony concerning the cause of injury may be substantial evidence upon which a claim may be denied.” Id. (quoting White v. Superior Prods., Inc., 515 So.2d 924, 927 (Miss.1987)). Contradiction exists when there is affirmative evidence to the contrary. Hedge v. Leggett & Platt, Inc., 641 So.2d 9, 11-12 (Miss.1994).

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Waffle House, Inc. v. Allam, 976 So. 2d 919, 2007 Miss. App. LEXIS 466, 2007 WL 2034504 (Mich. Ct. App. 2007).

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