Brown v. Ill. Tool Works, Inc., 2012-WC-00803-COA

• Decision Date: 13 August 2013
• Docket Number: NO. 2012-WC-00803-COA,2012-WC-00803-COA
• Parties: JOHNNIE BROWN APPELLANT v. ILLINOIS TOOL WORKS, INC., ITW/DUO-FAST AND ZURICH AMERICAN INSURANCE COMPANY APPELLEES
• Court: Mississippi Court of Appeals

JOHNNIE BROWN APPELLANT
v.
ILLINOIS TOOL WORKS, INC., ITW/DUO-FAST
AND ZURICH AMERICAN INSURANCE COMPANY APPELLEES

NO. 2012-WC-00803-COA

COURT OF APPEALS OF THE STATE OF MISSISSIPPI

Dated: August 13, 2013

DATE OF JUDGMENT: 04/16/2012

TRIAL JUDGE: HON. CHARLES E. WEBSTER

COURT FROM WHICH APPEALED: BOLIVAR COUNTY CIRCUIT COURT

ATTORNEY FOR APPELLANT: ELLIS TURNAGE

ATTORNEY FOR APPELLEES: GINGER MOORE ROBEY

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION:

DENIED CLAIM FOR WORKERS'
COMPENSATION BENEFITS AS BARRED
BY THE STATUTE OF LIMITATIONS

DISPOSITION: AFFIRMED - 08/13/2013

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

BEFORE LEE, C.J., BARNES AND ISHEE, JJ.

BARNES, J., FOR THE COURT:

¶1. Johnnie Brown appeals the order of the Circuit Court of Bolivar County, which affirmed the rulings of the Mississippi Workers' Compensation Commission (Commission) and administrative judge (AJ) that her claim was time-barred under the two-year statute of limitations set out in Mississippi Code Annotated section 71-3-35 (Rev. 2011). The AJ and Commission had disagreed, however, on the date the statute began to run. The AJ found the statute of limitations began to run no later than November 2001, when Brown was evaluated by a physician and diagnosed with carpal tunnel syndrome. The Commission disagreed,

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stating that date did not clearly establish work-related causation, and found the statute began running in January 2003, when the record more clearly established Brown's injury as work related. On appeal, Brown argues that the statute began to run in May 2004, when test results found Brown to have carpal tunnel syndrome.

¶2. Finding no error with the circuit court's decision, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶3. Brown began working at the Duo-Fast¹ plant in Cleveland, Mississippi, in August 1987 as a nail equipment operator. She was an employee at the plant for eighteen years, and her maximum salary was $9.50 an hour. Her job involved racking, stacking, and packing nails into cartons, as well as running the machines that collated the nails. It is undisputed that this was repetitive-motion-type work.

¶4. In 1998, Brown complained to her family physician about "arthritic pain" in both hands. On November 16, 2001, she saw Dr. James Warrington, her primary-care physician, for pain in her hands. He noted that she "uses her hands a lot at work," and diagnosed her with carpal tunnel syndrome.

¶5. On January 8, 2003, on referral from Dr. Warrington, Brown was examined at the Greenwood Orthopedic Clinic by Dr. Fred Sandifer II, an orthopedic surgeon, for complaints of pain and numbness in both hands, which she associated with her work at Duo-Fast. She indicated her symptoms had been present for several months and had increased in severity

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recently. Dr. Sandifer diagnosed her with bilateral carpal tunnel syndrome and suggested EMG nerve-conduction studies if her condition did not improve in three weeks. At that time, Brown wanted to pursue conservative treatment. Brown did not see Dr. Sandifer again for ten months.

¶6. In September 2003, Brown complained of hand pain and numbness at work due to repeatedly packing nails, and her complaint was documented in her personnel file. It was suggested she pack smaller nails. In November 2003, Brown returned to Dr. Sandifer with symptoms of mild carpal tunnel syndrome. He prescribed prednisone for her hands for eight days and advised her to return to him in three weeks. In December 2003, Brown saw Dr. Sandifer for her follow-up visit, stating she was much better after the prednisone treatment. He advised her to return after the first of the year if she was still having problems with her hands, and carpal tunnel release surgery would be considered.

¶7. In January 2004, Brown...