Georgia-Pacific Corp. v. Veal, GEORGIA-PACIFIC
| Decision Date | 26 February 1986 |
| Docket Number | No. 56060,GEORGIA-PACIFIC,56060 |
| Citation | 484 So.2d 1025 |
| Parties | CORPORATION v. Mary VEAL. |
| Court | Mississippi Supreme Court |
Crymes G. Pittman, Robert G. Germany, Cothren & Pittman, Jackson, for appellant.
Betty R. Todd, Saunders & Todd, Jackson, Calvin B. Wells, Wells & Blalock, Natchez, for appellee.
Before WALKER, P.J., and HAWKINS and ROBERTSON, JJ.
Georgia-Pacific Corporation (Georgia-Pacific), a Georgia corporation qualified to do business in Mississippi, is engaged in the wood processing business, and a self-insurer as to workmen's compensation claims. Mary Veal is a resident of Crosby. Georgia-Pacific appeals from a judgment of the Amite County Circuit Court in favor of Veal to reverse the order of the Workmen's Compensation Commission (Commission), which denied Veal's motion to reopen her case. The Commission had earlier awarded Veal compensation for a compensable injury she incurred while working at Georgia-Pacific.
The issue we address on this appeal is whether the Commission's denial of Veal's motion to remand her case to the administrative law judge for consideration of additional benefits was supported by substantial evidence.
We find there was, and therefore reverse the circuit court judgment, and reinstate the Commission's order.
Veal's job duties involved reaching and pulling lumber over her head. After the lumber was pulled, it was stacked in a buggy and pushed away.
On August 8, 1978, just after Veal had lunch, she reached over her head to pull some lumber and felt a sharp pain in her left shoulder. She reported the injury to her shift supervisor, but completed the shift.
On June 29, 1979, Veal filed a motion to controvert with the Commission. Georgia-Pacific answered, denying that Veal incurred a compensable injury while working at Georgia-Pacific.
Testimony was heard on this claim on October 23, 1979, in Natchez, Adams County, Mississippi.
Dr. W.B. Larkin, a general practitioner, first saw Veal on August 9, 1978, and she complained of pain in her neck and arms. He diagnosed cervical arthralgia with cervical neuritis, pain-associated syndromes from muscle strain. Veal did not significantly improve from Larkin's treatment. Dr. Larkin referred Veal to Dr. John C. Passman.
John Carl Passman, M.D., an orthopedist, testified for the claimant and stated that Veal complained of pain in her left shoulder. An initial physical examination on August 24, 1978, revealed decreased range of motion of the neck with severe spasms of the left trapezius muscle, and marked tenderness in the left supraclavicular area. X-rays revealed some degenerative changes in the C-5,6 area and with a little forward angulation of the C-5 vertebra, compatible with degenerative changes in a 40-year-old woman. Dr. Passman made a diagnosis of cervical disc syndrome, and admitted her to the hospital on August 24, 1978, placed her in traction, and gave her physical therapy, and analgesics, anti-inflammatory drugs and pain medication.
Veal returned to Dr. Passman's office on September 26, and had a markedly swollen hand, not associated with the August 9 injury.
Veal returned to Dr. Passman's office again on October 5, 1978, having further problems with the neck and left upper extremities. Dr. Passman referred Veal to Dr. Bernard Patrick, a neurosurgeon, and his opinion was that Veal did not have a cervical disc rupture. Dr. Patrick found tenderness over the affected area, and recommended continuation of conservative treatment.
After reviewing the evidence presented by Georgia-Pacific and Veal, the administrative law judge issued a written order on December 5, 1980, stating that Veal sustained a compensable injury on August 8, 1978, resulting in her being temporarily and totally disabled from August 8, 1978, until October 11, 1979. Georgia-Pacific did not appeal.
Veal filed a motion to remand on October 12, 1981. Proof was taken on this motion on July 7, 1982.
Veal was recalled as a witness and testified that she was still having pain in her arms and shoulders. Veal stated that in addition to the complaints she made at the earlier hearing, she now had swelling in her legs, ankles and back and numbness in her hands and fingers.
Dr. Passman testified that he did not see any difference in Veal's complaints or her physical findings from August 24, 1978, until July 7, 1982. He thought Veal was totally disabled, but could not relate this diagnosis to any specific injury.
Dr. David Ball testified for Georgia-Pacific and stated that he examined Veal on March 21, 1983, and she related to him a general history of her injury and the pains she experienced in her shoulders, back...
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