MWCC NO. 98 14111-G-4042

RENAE HAND                                                                                                                                    EMPLOYEE

vs.

SOUTHEAST SCREEN GRAPHICS EXPRESS HUMAN RESOURCES                                    EMPLOYER
AND
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA                                         CARRIER

REPRESENTING CLAIMANT:
Honorable William Lowrey Sneed, Attorney at Law, Pontotoc, Mississippi

REPRESENTING EMPLOYER AND CARRIER:
Honorable David B. McLaurin, Attorney at Law, Tupelo, Mississippi
 

The above styled cause came on for review in the offices of the Mississippi Workers' Compensation Commission, Jackson, Mississippi on the Claimant's "Petition for Review" by the Full Commission.

Having thoroughly studied the record and the applicable law, the Commission affirms the "Order of Administrative Judge" dated January 25, 2000.

SO ORDERED, this the 24th day of Q 2000.

MISSISSIPPI WORKERS' COMPENSATION COMMISSION
BY: BARRETT SMITH
BARNEY SCHOBY

ATTEST:
Joann McDonald, Secretary
___________________________
 

MWCC NO. 98 14111 -G-4042

RENAE HAND                                                                                                                                    CLAIMANT

vs.

SOUTHEAST SCREEN GRAPHICS EXPRESS HUMAN RESOURCES                                 EMPLOYERS
AND
THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA                                         CARRIER

REPRESENTING CLAIMANT:
Mr. William L. Sneed, Attorney at Law, Pontotoc, Mississippi

REPRESENTING THE EMPLOYER-CARRIER:
Mr. David B. McLaurin, Attorney at Law, Tupelo, Mississippi
 

Claimant alleged that on September 18, 1998, she had a work-related accident and injured her lower back. The Employer-Carrier denied compensability and paid no workers' compensation benefits. The hearing was held at the Lee County Justice Center in Tupelo, Mississippi, on October 6, 1999.¹
 

1 . Whether or not a work-related accident occurred on September 18, 1998, injuring Claimant's lower back.

2. Claimant's average weekly wage on the date of the alleged work-accident.

3. Assuming compensability, the existence and extent of temporary disability attributable to the accident alleged in the petition.

4. Whether Claimant has reached maximum medical improvement, and if so, the date.

5. Assuming compensability, the existence and extent of permanent disability attributable to the accident alleged in the petition.

6. Whether Claimant is entitled to recover penalties and interest on disability payments not timely made.
 

Claimant is a 32-year old resident of Lee County, Mississippi, with an 11th grade education. She has worked in a sewing factory and as a cashier in a grocery store. Claimant testified that she began working for the Employer in August of 1993 or 1994. She said her job entailed repetitive bending, stooping, and lifting.

Claimant testified that on September 18, 1998, she was lifting boxes of material when her back began hurting, so she dropped the boxes to the floor. Claimant recalled that two co-workers observed her lifting and dropping the boxes - Mary and Maxine. Although Claimant admitted that she had testified in a prior deposition that only one co-worker, Mary, saw her drop the box, she remembered at the hearing that her co-worker, Maxine, also saw her. Claimant claimed that the back pain was so intense she cried at work. She said that she had to sit down for a while and rest.

Claimant testified that she informed Annette Dobbs, the Employer's plant manager, that she had hurt her back at work and that Dobbs told her to rest until her back pain lessened. Claimant admitted that in her prior deposition, she testified that she went to Dobb's office to report the incident; however, Claimant testified at the hearing that Dobbs came to her while she was sitting and crying due to the back pain. Claimant said that one of her co-workers, Mary, was with Claimant while she was crying at work after the incident.

Claimant stated that she sought treatment from Dr. Eckman for back pain in August 1998, one month prior to the work incident. She admitted that although Dr. Eckman prescribed physical therapy, she did not complete the therapy since she was in too much pain. Claimant admitted that in her prior deposition she testified she had no prior problems or injuries to her back although, in reality, she had sought medical treatment at least twice from Dr. Eckman in the month prior to the incident at work. Claimant stated that she informed Annette Dobbs each time she visited Dr. Eckman and that she gave Dobbs her physician excuses.

Claimant testified that she went to Dr. Eckman in August 1998 due to her back hurting from loading pallets at work. However, Claimant agreed that she had not reported any such incident to anyone at work. Claimant also recalled that she fell on the steps to her mother's house in December 1995 and hurt her back. She admitted she told Dr. Eckman of the fall and that her back was gradually getting worse. Claimant said she also told Dr. Eckman that she hurt her back lifting boxes the first time she saw him on August 27, 1998. Claimant requested Dr. Eckman's office to file all charges on her spouse's health insurance.

At the hearing, Claimant said she terminated her employment with the Employer on September 18, 1998, since she could not get a light-duty position there. She agreed that it was her own decision not to return to work and that she was not fired or terminated by the Employer. Claimant admitted that in her prior deposition she testified she had no particular reason for not going back to work at the Employer. Claimant also said she had a prior workers' compensation claim for tendonitis while working for the Employer, which was duly paid.

Claimant testified that since leaving the Employer, she has not worked except for handling some housekeeping for the last two months for approximately $60.00 to $70.00 per week. She said that she also baby-sits and earns $50.00 per week. Claimant claims that her back still hurts, and she wishes further medical treatment. She stated that lengthy standing and walking aggravated her back pain.

Ms. Sandra Richey, Claimant's mother, testified that Claimant has resided with her for the last eleven months. Richey stated that in August or September 1998, Claimant complained of back pain from lifting boxes at work. She accompanied Claimant to Dr. Eckman's office and heard Claimant report to Dr. Eckman that she hurting her back while lifting boxes at work. Richey also said she called the Employer for Claimant when Claimant missed work. She said she spoke with Annette Dobbs and possibly Lora Bush and reported that Claimant's back was hurting.

Richey agreed Claimant has knowledge about workers' compensation claims since Claimant had two prior such claims. Richey recalled Claimant fell in December 1995, but that Claimant returned to work after the fall. Richey observed Claimant's physical difficulties since the work incident.

Ms. Annette Dobbs, plant manager at the Employer, testified that Claimant did not report having a work accident. Dobbs said her first knowledge of Claimant's claim for workers' compensation was when the petition was filed. She stated that injured workers are usually referred to Dr. Hubbard. Dobbs recalled Claimant discussed receiving medical treatment for back problems, but Dobbs was unaware Claimant was claiming her back problems were related to work.

Dobbs testified that she never observed Claimant having any problems at work. However, she said Claimant had problems with lateness and absenteeism before the alleged work accident. Dobbs testified that Claimant terminated her employment voluntarily and that Claimant told Dobbs she was quitting in order to obtain disability.

Ms. Mary Birks testified for the Employer-Carrier. Birks said she worked in the same department as Claimant, and they worked within feet of each other. She did not recall Claimant hurting her back at work lifting boxes or otherwise. Birks said Claimant discussed having back problems, but she did not recall Claimant having a work accident.

Ms. Maxine Fields, supervisor for the Employer, testified that she worked with Claimant and later took Claimant's job when Claimant left. She said she removes T-shirts from boxes and places them on tables. She also stated that there were some machines to operate and load. Fields testified she never observed Claimant having a work accident.

Fields stated that had she observed or been told of a work accident, she would have reported such to Annette Dobbs. She said Claimant never complained of back problems at work until a couple of weeks before Claimant quit. At that time, Fields said Claimant showed her some paperwork on getting disability for her deteriorating back, but Claimant never mentioned a work accident.

Mr. Ronnie "Butch" Keeley testified for the Employer-Carrier. Keeley stated that as president of the Employer, he manages and supervises all employees. He explained that Express Human Resources is a leasing company which leases employees for Southeast Screen Graphics, the Employer. Keeley recalled that Claimant worked a total of three or four years at the Employer. Although he was not Claimant's direct supervisor, Keeley stated that he observed Claimant work. He agreed Claimant had problems with tardiness and absenteeism, but he said Claimant was an intelligent and likable worker.

Keeley testified that Claimant had two prior workers' compensation claims which were duly paid. He had no knowledge of any incident at work as described by Claimant. Keeley said injured employees are usually referred to Dr. Hubbard, who is in close proximity to the Employer. He said that the first time he knew about Claimant's alleged work accident was when he got information from the leasing company, Express Human Resources.

Dr. Walter Eckman, neurosurgeon, first saw Claimant on August 27, 1998, for complaints of low back pain. Dr. Eckman noted Claimant's history of developing pain in early 1995 from falling down steps. He wrote that Claimant had a chronic, steady pattern of lower back pain for 3 1/2 years, which gradually worsened. There is no indication in Dr. Eckman's records that Claimant reported having back pain after lifting boxes at work. Furthermore, the patient information form completed by Claimant was marked "no" to the question of whether she was filing for workers' compensation.

Claimant saw Dr. Eckman again on September 9, 1998, for further treatment. After reviewing an MRI and x-rays, Dr. Eckman found some disc protrusions and developmental anomalies; however, he did not recommend surgery at that time and instead began conservative treatment. Dr. Eckman saw Claimant again on September 23, 1998, at which time Claimant reported that she could not tolerate the physical therapy program. Feeling Claimant had a negative attitude, Dr. Eckman discharged her from his care. He diagnosed Claimant with chronic low back pain but did not restrict her from working.

Dr. Eckman testified that Claimant did not mention hurting her back at work. His charges were filed on a group health insurance policy and not through workers' compensation. Dr. Eckman stated that if Claimant had reported her work was producing the problem, he would have written it down in his notes. He agreed repetitive lifting, bending and stooping would exacerbate or aggravate her symptoms.
 

I base the following findings on a preponderance of the evidence, including medical proof as required by the Act:

1 . Claimant has not met her burden of proof that she injured her lower back from a work accident on September 18, 1998. In workers' compensation cases, the claimant has the burden of proving by a preponderance of the evidence each of the following elements: (1) an accidental injury, (2) arising out of and in the course of employment, and (3) a causal connection between the injury and the claimed disability. Hedge v. Leggett & Platt, Inc., 641 So.2d 9 (Miss. 1994). Hardin's Bakeries v.. Dependent of Harrell, 566 So.2d 1261, 1264 (Miss. 1990).

In this instance, Claimant's testimony about the alleged work accident was inconsistent and not credible. By her own admission, Claimant's testimony at the hearing differed from a previous deposition. Moreover, the Employer-Carrier's witnesses were credible, and their testimony substantially and materially contradicted Claimant's testimony. Therefore, based upon the evidence as a whole, I find Claimant has not proven she sustained a work accident on September 18, 1998.

2. As a result of the above finding, all other issues are moot.
 

IT IS, THEREFORE, ORDERED AND ADJUDGED that Claimant's claim for workers' compensation benefits is hereby denied.

SO ORDERED this the 25th day of January, 2000.

TAMMY GREEN HARTHCOCK
ADMINISTRATIVE JUDGE

ATTEST:
Brenda H. Goolsby, Secretary
___________________________

1. Upon joint motion of the parties, the Employer, Express Human Resources, and the Carrier, The Insurance Company of the State of Pennsylvania, were added as parties to this matter.