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Lambert v. Kellwood Co.

August 18, 1998

PEGGY A. LAMBERT, APPELLANT
v.
KELLWOOD COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY, APPELLEES



Before McMILLIN, P.j., Coleman, King, And Southwick, JJ.

The opinion of the court was delivered by: King, J., For The Court:

Lambert v. Kellwood Company, et al, 97-CC-00875-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: JUNE 20, 1997

TRIAL JUDGE: HON. R. I. PRICHARD, III

COURT FROM WHICH APPEALED: LAWRENCE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: AFFIRMED MISSISSIPPI WORKER'S COMPENSATION COMMISSION DECISION

DISPOSITION AFFIRMED

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Peggy Lambert, the appellant, claims to have sustained a back injury while bending over to lift a load of pants at Kellwood Company, her employer. The Kellwood Company and the Liberty Mutual Insurance Company, appellants, contend that Ms. Lambert's back injury arose in an automobile accident. An administrative law Judge, the Mississippi Worker's Compensation Commission and the Lawrence County Circuit Court denied Ms. Lambert's claim, based on her failure to prove a compensable injury occurring at the workplace. Aggrieved, Ms. Lambert assigns three points of error on appeal:

(1) Whether the Circuit Court's Order affirming the Commission's ruling that the injury to claimant's back did not occur at work and was thus non-compensable under the Mississippi Workers' Compensation Law was error.

(2) Whether the Circuit Court's ruling that it was harmless error for the Commission to exclude from evidence certain weather reports ...


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