Melissa J. Harrell v. Time Warner/Capitol Cablevision
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2001-WC-01989-COA
MELISSA J. HARRELL
APPELLANT/CROSSAPPELLEE
v.
TIME WARNER/CAPITOL CABLEVISION AND
TRAVELERS CASUALTY AND SURETY COMPANY
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEES:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
APPELLEES/CROSSAPPELLANTS
12/18/2001
HON. W. SWAN YERGER
HINDS COUNTY CIRCUIT COURT
LANCE L. STEVENS
PHILLIP PERKINS EMBRY
RICHARD MACK EDMONSON
CIVIL - WORKERS' COMPENSATION
THE FINDING OF THE WORKERS'
COMPENSATION COMMISSION THAT
CLAIMANT WAS ENTITLED TO
COMPENSATION FOR A BACK INJURY AND
NOT ENTITLED TO COMPENSATION FOR
INTERSTITIAL CYSTITIS WAS AFFIRMED; THE
FINDING THAT THE CLAIMANT WAS NOT
ENTITLED TO COMPENSATION FOR A
SHOULDER INJURY WAS REVERSED.
AFFIRMED IN PART AND REVERSED AND
RENDERED IN PART - 04/29/2003
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
BEFORE MCMILLIN, C.J., THOMAS AND CHANDLER, JJ.
CHANDLER, J., FOR THE COURT:
¶1.
Melissa J. Harrell appeals from a decision of the Circuit Court of the First Judicial District of Hinds
County, which affirmed in part and reversed in part the decision of the Workers' Compensation
Commission. Harrell argues that the circuit court erred in affirming the Commission's decision that Harrell
failed to prove by a preponderance of the evidence that her interstitial cystitis was caused or contributed
to by a work-related injury. The employer and carrier have cross-appealed, and argue that the circuit court
erred in reversing the Commission's decision that Harrell failed to prove that a right shoulder injury was
work-related.
¶2.
We find that substantial evidence supported the decision of the Commission. Therefore, we reverse
that portion of the circuit court's decision reversing the decision of the Commission. We reinstate the
decision of the Commission.
FACTS
¶3.
Melissa J. Harrell fell at work on June 6, 1994. The employer paid Harrell temporary total
disability benefits covering intervals from June 9, 1994 to October 20,1997, and permanent partial disability
benefits from October 21, 1997 until September 20, 1999. On February 18, 1998, Harrell filed a petition
to controvert, claiming that she had sustained work-related injuries to her lower back and right shoulder,
and that the lower back injury caused a urological condition called interstitial cystitis. The employer and
carrier admitted the compensability of the back injury, but denied the compensability of the other injuries.
¶4.
After a hearing, the administrative law judge found that Harrell had failed to prove by a
preponderance of the evidence that her compensable back injury caused or contributed to the interstitial
cystitis. The judge further found that Harrell had failed to prove that the right shoulder injury was workrelated. The judge awarded Harrell permanent partial disability benefits for the back injury in the amount
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of $29.28 for 450 weeks from October 6, 1997, the date of maximum medical improvement, with credit
allowed for amounts previously paid. The judge also ordered the employer and carrier to pay for any
medical services and supplies reasonably required to treat the back injury.
¶5.
Harrell appealed to the Workers' Compensation Commission. The Commission affirmed the
opinion of the administrative law judge. Harrell appealed to the circuit court. The circuit court ruled that
there was substantial evidence to support the Commission's finding that Harrell had failed to prove that the
interstitial cystitis was compensable. The court ruled that there was not substantial evidence to support the
Commission's decision that Harrell did not sustain a compensable right shoulder injury.
STANDARD OF REVIEW
¶6.
This Court applies the same standard of review as the circuit court. State Tax Comm'n v.
Vicksburg Terminal, Inc., 592 So. 2d 959, 961 (Miss. 1991). This Court will affirm the findings and
order of the Commission if they are supported by substantial evidence. Vance v. Twin River Homes, Inc.,
641 So. 2d 1176, 1180 (Miss. 1994). We will reverse only when the Commission's findings and order
are clearly erroneous and contrary to the overwhelming weight of the evidence. Id. If there is substantial
evidence to support the Commission's decision, the Commission must be affirmed "even though the
evidence would convince this Court otherwise, were we the fact finder." Fought v. Stuart C. Irby Co.,
523 So. 2d 314, 317 (Miss. 1988).
LAW AND ANALYSIS
I. DID THE CIRCUIT COURT ERR IN AFFIRMING THE FINDING OF THE COMMISSION
THAT HARRELL FAILED TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT HER
COMPENSABLE BACK INJURY CAUSED OR CONTRIBUTED TO THE INTERSTITIAL
CYSTITIS?
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¶7.
To establish entitlement to benefits under the workers' compensation scheme, the claimant bears
the burden of proving by a preponderance of the evidence each element of the claim of disability. Hedge
v. Leggett & Platt, Inc., 641 So. 2d 9, 12 (Miss. 1994). The elements are: (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. Id. A pre-existing condition is not always a bar to recovery for a disability. Rather, if
the employment aggravated, accelerated, or combined with the pre-existing condition to produce the
disability, the disability arose out of the employment and the claimant is entitled to compensation for the
disability. Id. at 13.
¶8.
The administrative law judge found that the medical testimony failed to relate Harrell's interstitial
cystitis to her compensable back injury to a reasonable degree of medical certainty, and concluded that
Harrell had not proven a causal connection between the compensable back injury and the interstitial cystitis.
Harrell argues this finding was error. We review the evidence before the administrative law judge and the
opinion of the administrative law judge that was affirmed by the Commission.
¶9.
Harrell testified that she was hired by Capitol Cablevision in 1984, when she was twenty-four years
old. Harrell worked as a telemarketing and sales representative. Her duties included handling the concerns
of customers who came to the office, including billing issues, scheduling pay-per-view events, and checking
converter boxes, remotes, and cabling. In 1992, she was assigned the additional duty of taking payments
from customers. On June 6, 1994, Harrell was carrying company mail to Building C. As she walked up
a ramp that led to Building C, her foot caught a mat and she fell forward. She landed with her right palm
down on the ramp and her right elbow in her stomach. Harrell testified that she immediately reported the
fall to her employer and a Report of Injury B-3 form was filled out indicating that she injured her back and
right shoulder.
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¶10.
Harrell went back to work two days after the fall. She continued working at Capitol Cablevision
until November 1994, when she was terminated because she had exhausted her leave for the year and was
requesting further leave to have an emergency hysterectomy. In August 1995, Harrell began working at
Truvision/Wireless One as a corporate telesales and telemarketing supervisor. She was terminated on
August 6, 1996, due to a corporate merger. Harrell testified that she has been unemployed since leaving
Truvision/Wireless One.
¶11.
In March, 1996, while employed with Truvision/Wireless One, Harrell began experiencing severe
weakness and pain in the pelvic region. She made an appointment with her gynecologist, Dr. Darden
North. Dr. North discovered blood in Harrell's urine. Harrell was already scheduled to have a
gynecological procedure called a right oophorectomy, and Dr. North invited a urologist, Dr. Charles
Secrest, to examine Harrell's bladder while she was under general anesthesia. After the procedure, Dr.
Secrest diagnosed Harrell with a bladder disorder called interstitial cystitis. Harrell began seeing Dr.
Secrest and Dr. John Aldridge, both of the Mississippi Urology Clinic, for treatment for the disorder.
¶12.
Harrell testified about her symptoms from interstitial cystitis. Harrell stated that she experiences
severely frequent urination, usually urinating forty to seventy times within one hour and a half. She stated
that on an almost daily basis her bladder goes into spasm and will not release urine, forcing her to use a
catheter in order to void. Harrell testified that she "lives in pain," and that her pain rapidly fluctuates in
severity. She stated that she is unable to do housework, attend a job, or sit or stand for any period of time
without excruciating pain. She stated that her urologists have not released her to return to work.
¶13.
On cross-examination, Harrell testified about two prior back surgeries resulting from non-work-
related injuries. In 1989, Harrell initially injured her back when she bent over to pick up a laundry basket.
In 1991, Harrell experienced back pain and, on April 17, 1991, Dr. Bernard Patrick performed surgery
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for a bulging and protruding disk at the right L5-S1 level. In October 1991, while seven months pregnant,
Harrell returned to Dr. Patrick complaining of back pain. Harrell reinjured her back in January 1994, while
bending over to lift her child. On February 8, 1994, Dr. Patrick performed a second back surgery at the
same location. Harrell returned to work after the surgery on May 2, 1994, approximately one month
before her fall. She testified that after she returned to work and before her fall, she was "doing quite well"
and was able to do her job.
¶14.
The administrative law judge admitted Harrell's extensive medical records. The records of Dr.
Bernard Patrick indicate that Harrell injured her back in 1989 while bending over to pick up a wastebasket,
and that she subsequently experienced occasional back pain. In February 1991, Harrell had an acute
episode of back pain that caused her absence from work for two weeks. In April 1991, Harrell had a
severe acute attack with right leg radiation that resulted in her first surgery. During the surgery, Dr. Patrick
removed a centrally extruded disc at the right L5-S1 level and explored the L4-5 level and found it to be
normal. Harrell was released to return to work on March 1, 1992.
¶15.
Harrell did well until January 28, 1994, when she returned to Dr. Patrick complaining that when
she bent over to lift her child, her back "popped" and she experienced burning pain radiating from the
sacrum to the neck. An MRI showed a recurrent disc rupture at the site of the prior surgery, and a second
surgery was performed on February 8, 1994, to remove a recurrent extruded disc fragment. Harrell was
released following this surgery, but from February 26, 1994 to March 4, 1994, she was rehospitalized due
to lower back and bilateral leg pain. Harrell returned to Dr. Patrick on May 20, 1994, complaining of low
back pain. Dr. Patrick prescribed Xanax and recommended that Harrell continue to wear a full corset for
at least another month.
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¶16.
The records of the MEA Medical Clinic indicate that Harrell sought treatment for low back pain
on several occasions in June 1994, and that she attributed the pain to her recent fall at work. Harrell again
saw Dr. Patrick approximately two months after the fall at work. Harrell complained that, since the fall,
she had suffered worsening low back pain and increasing low back spasm, with spasms extending from the
low back to the neck. Dr. Patrick recommended physical therapy. Twenty days later, Harrell returned
and reported that she was worse with physical therapy. Dr. Patrick ordered a myelogram, isotope bone
scan, and post-myelogram CT, which were all normal. On January 10, 1995, Dr. Patrick indicated that
he believed Harrell could perform secretarial work but should be restricted from stooping, bending, or
heavy lifting. On May 2, 1995, Harrell returned, again complaining of low back pain, but Dr. Patrick was
unable to explain the persisting chronic nature of the pain and referred Harrell to Dr. Russell Blaylock.
¶17.
The medical records of Dr. Blaylock reveal that he saw Harrell once, on May 9, 1995. Harrell
reported her prior back surgeries and the fall at work. Dr. Blaylock performed a neurological examination
and recommended a right sacroiliac joint injection. Dr. Blaylock also performed a lumbar MRI that
revealed mild degenerative and post-operative changes at the right L5-S1 level.
¶18.
The medical records of Dr. William Thompson indicate that he saw Harrell at the referral of Dr.
Patrick on May 23, 1995. Harrell complained of increasing lower back and radiating right leg pain. Dr.
Thompson diagnosed her as having a post-laminectomy status of continued back and leg pain, and
recommended a trial of epidural steroid injections.
¶19.
The medical records of Dr. Rand Voorhies at the Oschner Clinic indicate that Harrell saw Dr.
Voorhies several times between May and October of 1996. Harrell told Dr. Voorhies that she had been
diagnosed with interstitial cystitis. She complained of back pain and loss of bladder and bowel control.
An MRI of the lumbar spine indicated degenerative disc disease at L4-5 and L5-S1, and possible scar
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tissue at L5-S1. Dr. Voorhies referred Harrell to Dr. Charles Aprill, who opined that the L4-5 disc was
abnormal. Dr. Voorhies thought there was a possibility that Harrell would benefit from further surgery in
the form of a lumbar fusion. He also referred Harrell to the Colon & Rectal Department for diagnosis of
her bladder and bowel problems. However, on October 29, 1996, a conflict arose between Harrell and
the physicians at Oschner and Dr. Voorhies recommended that Harrell be transferred back to a practitioner
in the Jackson area.
¶20.
The medical records of Dr. David Collipp reflect that Dr. Collipp saw Harrell on April 30, 1997,
on referral from Dr. Lon Alexander, whose records were not introduced into evidence. Harrell reported
the fall at work, her prior surgeries, and her diagnosis of interstitial cystitis. She also reported headaches
coinciding with neck pain. Dr. Collipp diagnosed lumbar and cervical strains, and also recommended that
Dr. Secrest perform urodynamics for the bladder condition. Additionally, Dr. Collipp ordered a functional
capacity evaluation (FCE) for Harrell's chronic low back pain.
¶21.
The FCE was performed on October 2, 1997. The FCE report stated that Harrell complained of
low back pain and shoulder pain radiating up her neck and between her shoulder blades. The FCE report
noted that Harrell was "completely self-limited by complaints of pain," such that the evaluation team was
unable to observe signs of physiological maximums. The report stated that on Waddell's testing, Harrell
scored a positive three out of five, which is consistent with symptom magnification. The report concluded
that it was difficult to evaluate Harrell due to her focus on the pain, and that there was pain amplification
and symptom exaggeration. The FCE report recommended that Harrell be released to work at a sedentary
light level.
¶22.
After reviewing the FCE, Dr. Collipp assessed Harrell relative to the June 6, 1994 injury, and
assigned a date of maximum medical recovery of October 6, 1997. He assigned a 12% permanent
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physical impairment rating to the body as a whole due to Harrell's pre-existing back injuries, and an
additional 5% permanent physical impairment rating due to the work-related injury. On October 6, 1997,
Dr. Collipp opined that Harrell could return to work at a sedentary light level.
¶23.
Dr. Robert McGuire performed an independent medical examination of Harrell on February 8,
1999, at the request of the administrative law judge. Harrell told Dr. McGuire about the fall and alleged
that she injured her back and right shoulder. Dr. McGuire reviewed the records of the other doctors. Dr.
McGuire opined that Harrell was still having a fair amount of back pain and that a surgical fusion would not
alter the situation significantly. He stated that he had no problems relating the fall as an aggravator of her
pre-existing back condition. Dr. McGuire offered to defer the causation of the bladder problems to Drs.
Secrest and Aldridge.
¶24.
The deposition of Dr. Charles Secrest was admitted. Dr. Secrest testified that he is board certified
in urology. Dr. Secrest stated that he first saw Harrell on March 14, 1996, when he performed a
cystoscopy, a procedure to look into the bladder with a scope. He found a limited bladder capacity. He
noted that the lining of the bladder was cracked and bleeding, which is consistent with interstitial cystitis.
Dr. Secrest defined interstitial cystitis as "a painful bladder condition of undetermined cause" that presents
with symptoms such as pelvic pain, urinary frequency, and urinary retention. He stated that it is a benign
disease, but it is chronic and can wax and wane over a period of time. He again stated that there is no
known cause for the condition.
¶25.
On April 3, 1996, Dr. Secrest performed a bladder washing to rule out cancer. The procedure
confirmed his impression of interstitial cystitis. On May 13, 1997, he performed videourodynamics, a
functional test of the bladder analogous to an EKG. The test showed pelvic floor spasticity, which
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confirmed interstitial cystitis, and ruled out a neurogenic bladder1 as the cause of Harrell's symptoms. Dr.
Secrest stated that, given Harrell's prior back injuries, anything related to her back could possibly have an
impact on her developing interstitial cystitis. He stated it would be impossible for him to say which event
or culmination of events may have led to the disorder. Dr. Secrest stated that he thought the interstitial
cystitis was related in some way to nerve damage, but that he had no way of knowing which of Harrell's
injuries or surgeries could have caused it. He stated that it was feasible that scar tissue from the first or
second surgeries contributed to the disorder.
¶26.
The deposition of Dr. John Aldridge was admitted. Dr. Aldridge testified that he evaluated Harrell
on July 16, 1996, at the request of Dr. Secrest. Dr. Aldridge stated that Harrell complained of bladder
discomfort, frequent urination, and pain with intercourse. Dr. Aldridge opined that Harrell's urological
problem was neurogenic and could have been related to her lower back problems. However, he was
unable to opine as to which of the back surgeries or injuries caused or contributed to any neurogenic
bladder disorder or interstitial cystitis that Harrell may have. Dr. Aldridge testified that he could not relate
Harrell's bladder condition to the work-related back injury or to the surgeries to a reasonable degree of
medical certainty. He stated that the condition could be related to scar tissue from one of the surgeries.
¶27.
The deposition of Dr. Jackson Fowler was admitted. Dr. Fowler testified that he is the Chief of
the Division of Urology at University Medical Center. Dr. Fowler stated that he saw Harrell once, on
September 27, 1999. He reviewed her prior medical records, but due to her extensive records did not
perform a physical evaluation. Dr. Fowler's evaluation focused on Harrell's urological complaints. Harrell
reported urinary frequency and urgency, a sensation of incomplete bladder emptying, and discomfort with
1
In his deposition, Dr. Jackson Fowler stated that "neurogenic bladder dysfunction" refers "to
a number of disorders where for one reason or another the nerves that make the bladder work don't
work correctly."
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intercourse. Dr. Fowler's report stated that her symptoms and the cystoscopic findings are consistent with
her diagnosis of interstitial cystitis. He stated that after reviewing her records, he concluded she did not
have neurogenic bladder dysfunction.
¶28.
Dr. Fowler opined that there was no conclusive reason to believe the work-related back injury led
to the urological disorder. He cited three considerations informing his conclusion. Firstly, he was not
aware of any convincing evidence that back or neurologic disorders produce interstitial cystitis. Secondly,
there was an almost two year delay between the fall and the onset of symptoms. Thirdly, Harrell had a
history of back problems preceding the fall, making it difficult to implicate the fall as the cause of the
disorder. He stated that his opinion was based on a reasonable degree of medical certainty.
¶29.
Based on the above evidence, the administrative law judge concluded that Harrell had failed to
prove by a preponderance of the evidence that her work-related back injury caused or contributed to her
interstitial cystitis. The Commission affirmed this decision. We find the Commission's decision was
supported by substantial evidence. Drs. Secrest and Aldridge, Harrell's treating urologists, testified that
the cause of interstitial cystitis is unknown. Both urologists testified that back injuries could have been a
factor in the development of Harrell's bladder condition. However, both urologists were unable to state
to a reasonable degree of medical certainty that the work-related back injury of June 6, 1994, rather than
Harrell's previous surgeries, or some other element, caused or contributed to the interstitial cystitis.
Additionally, symptoms of the bladder disorder did not manifest until two years after the work-related
injury.
¶30.
Harrell argues that the administrative law judge erroneously relied on Dr. Fowler's statement that
back injuries have not been linked to interstitial cystitis, and that Drs. Secrest and Aldridge testified about
new medical literature establishing a possible link between back injuries and interstitial cystitis. The opinion
11
of the administrative law judge does not rely on Dr. Fowler's statement, but rather on the inability of any
expert, including Harrell's treating physicians, to state that there was anything more than a possibility that
the work-related injury caused or contributed to the interstitial cystitis. It is well-established that recovery
under the worker's compensation scheme must rest upon reasonable probabilities, not upon mere
possibilities. Burnley Shirt Corp. v. Simmons, 204 So. 2d 451, 454 (Miss. 1967).
¶31.
Harrell further argues that her case is analogous to Sharpe v. Choctaw Electronics, 767 So. 2d
1002 (Miss. 2000). In Sharpe, the claimant was exposed to chemical irritants in the work environment and
developed respiratory problems. Id. at (¶ 13). Sharpe had no pre-existing pulmonary problems, and had
not been exposed to chemical irritants prior to employment with Choctaw. Id. at (¶ 4). It was established
that the majority of the chemicals to which Sharpe was exposed are known to cause pulmonary distress.
Id. at (¶ 6). Experts testified that it was possible that the condition and the conditions of employment were
related. Id. at (¶¶ 14, 17). No expert could testify to any other potential cause of Sharpe's condition. Id.
at (¶¶ 14-17). The Commission found that Sharpe had failed to prove a compensable injury. Id. at (¶ 9).
¶32.
The supreme court reversed the Commission, stating that "[t]he connections between Sharpe's
work environment and his health are simply too numerous to be purely coincidental." Id. at (¶ 20). Though
no expert stated to a reasonable degree of medical certainty that Sharpe's condition resulted from his
exposure to toxic chemicals at work, the court concluded that Sharpe had proven that his injury was
causally linked to his employment. Id. at (¶ 18). The court based its conclusion on findings that "Sharpe
(1) suffered no pulmonary problems prior to his employment at Choctaw; (2) has demonstrated the
presence of a lung ailment and/or shortness of breath; (3) has been exposed to substances at Choctaw
which cause pulmonary distress; and (4) has been advised by every expert to avoid exposure to chemical
irritants for fear of aggravation of the condition." Id.
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¶33.
Harrell argues that she proved that her interstitial cystitis is causally connected to her work-related
injury because she showed that she has a urological problem, and that she suffered no urological problems
prior to her employment with Capitol Cablevision. While these facts parallel Sharpe, Harrell failed to
prove that a work-related fall could be a probable cause of interstitial cystitis. In the instant case, none of
the physicians was able to establish anything more than a speculative link between a fall resulting in a back
injury and interstitial cystitis, or between a fall aggravating prior back injuries and interstitial cystitis. Unlike
the established link between the types of chemicals at Choctaw and development of respiratory problems,
interstitial cystitis is, definitively, a disorder of unknown etiology. The Commission's conclusion that Harrell
failed to prove by a preponderance of the evidence that her bladder condition was caused or contributed
to by her work-related injury was supported by substantial evidence.
II. DID THE CIRCUIT COURT ERR IN REVERSING THE DECISION OF THE COMMISSION
THAT HARRELL FAILED TO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT HER
RIGHT SHOULDER INJURY WAS WORK-RELATED?
¶34.
This issue has been raised on cross-appeal by Time Warner/Capitol Cablevision. The
administrative law judge concluded that Harrell failed to prove by a preponderance of the evidence that
she had sustained an injury to her right shoulder during her fall at work on June 6, 1994. The judge based
his conclusion on the fact that there was no documentation of a problem with the Harrell's right shoulder
until the FCE on October 1, 1997. The circuit court reversed, finding that the decision was not supported
by substantial evidence.
¶35.
We review the record pertaining to Harrell's shoulder injury. At the hearing, Harrell stated that
after her fall, a Report of Injury B-3 form was completed indicating a shoulder injury. Harrell testified that
she reported a shoulder injury from the fall to "every doctor she saw," and specified Drs. Patrick, Blaylock,
13
Collipp, McGuire, and the doctor at the MEA Clinic. She stated that she had suffered no intervening
events affecting her shoulder since the fall.
¶36.
The record contains no B-3 form. Harrell's medical records show that two days after the fall,
Harrell visited the MEA Medical Clinic, seeking treatment for a back injury. The clinic's records do not
mention a shoulder injury. In August 1994, Harrell saw Dr. Patrick regarding the work-related back injury,
but Dr. Patrick's records do not mention a shoulder injury. Likewise, Drs. Blaylock, Thompson and
Voorhies did not note any shoulder problem. The 1997 FCE notes shoulder pain. On February 8, 1999,
during the examination by Dr. McGuire, Harrell attributed a progressive right shoulder injury to the fall.
Dr. McGuire checked the shoulder and found a possible rotator cuff tear. He opined that the condition
could have been caused by that type of fall, and recommended that Harrell see a shoulder specialist.
¶37.
Harrell had the burden to prove beyond speculation and conjecture that she sustained the shoulder
injury in the course and scope of her employment. Coleman v. Chattanooga Container Corp., 377 So.
2d 606, 608 (Miss. 1979) (quoting Flintkote Co. v. Jackson, 192 So. 2d 395, 397 (Miss. 1966)). The
record reveals no documentation of any shoulder problem until the 1997 FCE, approximately three years
after Harrell's fall at work. Harrell's own unsubstantiated testimony was the primary evidence of a shoulder
injury sustained in the fall. Dr. McGuire's opinion that the fall could have caused the shoulder injury was
formed five years after the fall, and is not of such significance that the administrative law judge was bound
to conclude that Harrell carried the burden of proof. Hudson v. Keystone Seneca Wire Cloth Co., 482
So. 2d 226, 227-28 (Miss. 1986). We find that the decision of the administrative law judge, as affirmed
by the Commission, was supported by substantial evidence.
¶38. THE JUDGMENT OF THE CIRCUIT COURT OF THE FIRST JUDICIAL DISTRICT
OF HINDS COUNTY IS AFFIRMED ON DIRECT APPEAL AND REVERSED AND
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RENDERED ON CROSS-APPEAL. COSTS OF THIS APPEAL ARE ASSESSED TO THE
APPELLANT/CROSS-APPELLEE.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, MYERS AND GRIFFIS, JJ., CONCUR.
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