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JAMES LARRY MORRIS v. LANSDELL'S FRAME COMPANY

JULY 12, 1989

JAMES LARRY MORRIS
v.
LANSDELL'S FRAME COMPANY



BEFORE HAWKINS, P.J., ANDERSON and BLASS, JJ.

BLASS, JUSTICE, FOR THE COURT:

I.

James L. Morris, Appellant, filed a Worker's Compensation claim on March 31, 1984 and a Petition to Controvert on August 31, 1984. The claim resulted from an accidental injury sustained by Morris on or around May 2, 1983. After a hearing on the case, the Administrative Judge awarded Morris temporary total disability at the rate of $105.00 per week from May 2, 1983 to May 14, 1983; statutory penalties; and medical expenses which resulted from the injury.

 Morris appealed to the Worker's Compensation Commission, which awarded temporary total disability at the rate of $112.00 per week from May 2, 1983 to July 17, 1986 and as long thereafter as the medical evidence established claimant remains temporarily totally disabled; all medical expenses; a ten percent (10%) penalty to each payment of compensation and each item of expense; and a $100.00 penalty for failure to comply with MCA 71-3-67 (1).

 Lansdell appealed to the Circuit Court of Monroe County which reversed the Commission order on March 27, 1987. The Circuit court awarded temporary total disability of $105.00 per week between May 2, 1983 and May 14, 1983; a penalty of $100.00; all medical expenses between May 2 and May 14, 1983, but not those incurred after that date.

 From this order Morris appeals assigning the following errors:

 (1) The findings and the decision of the Workers' Compensation Commission are supported by substantial credible evidence and the laws of this state, and the Circuit Court erred by reversing same.

 (2) The Circuit Court erred as a matter of law, evidence, and fact in deciding that the testimony of Dr. Carmen Federowich was not the best medical evidence.

 (3) The Circuit Court erred as a matter of law, evidence, and fact in deciding that the best medical evidence was the testimony of Dr. Thomas J. McDonald.

 Finding that the Circuit Court erred in reversing the decision of the Commission, we reverse and reinstate that decision. We will not address the issues raised in numbers two and three. II.

 On or about May 2, 1983 James L. Morris while working at

 Lansdell's Frame Co. was lifting a chair frame which hit and knocked loose an air compressor pipe. Morris was struck in the forehead and knocked unconscious. He was unconscious for from one to five minutes. Billy Lansdell, the owner of Lansdell's Frame Company, took Morris to the North Mississippi Medical Center where he was treated for the bump and a small abrasion. X-rays did not indicate any fracture or abnormality. Morris was discharged on the same day.

 Lansdell's Frame Company was subject to the terms and provisions of the Worker's Compensation Act at the time of the accident. The company was not covered by a worker's compensation policy, nor was Lansdell self insured.

 Morris was initially treated in the emergency room for his accident. Six days later, on May 12, 1983, he saw Dr. Thomas McDonald in his office. At that time he complained of severe headache, neck ache, and double vision. Standard tests showed no physical cause for the complaints. Morris was discharged from the hospital after two days. Dr. McDonald's final diagnosis was" post concussion syndrome, minimal ". He felt there was no permanent disability. Dr. McDonald did not see Morris after this ...


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