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McNeely v. Pickens Brothers Lumber Co.

December 08, 1998

ROBERT MCNEELY, JR. APPELLANT
v.
PICKENS BROTHERS LUMBER COMPANY, INC. APPELLEES AND LIBERTY MUTUAL INSURANCE COMPANY



Before Bridges, C.j., Hinkebein, And King, JJ.

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

DATE OF JUDGMENT: Septmeber 13, 1996

TRIAL JUDGE: HON. FRANK G. VOLLOR

COURT FROM WHICH APPEALED: CLAIBORNE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: AFFIRMED DENIAL OF BENEFITS

DISPOSITION: AFFIRMED

¶1. Robert McNeely, Jr. appeals from the decision of the Circuit Court of Claiborne County affirming the decision of the Workers' Compensation Commission denying any permanent disability or loss of wage earning capacity as a result of an on-the-job injury.

¶2. McNeely raises the following issues on appeal:

"1. The decision of the Workers' Compensation Commission and the circuit court to deny benefits to Robert McNeely is not supported by substantial evidence. "2. The Workers' Compensation Commission and the circuit court erred as a matter of law in determining that the claimant suffered from a "pre-existing condition"."

FACTS

¶3. On February 15, 1997, McNeely was injured at his place of employment, Pickens Brothers Lumber Company. McNeely, who has a degree in forestry, worked as a hardwood lumber grader. McNeely was inspecting lumber when a board became caught under a chain, came loose, and struck him on the right side of his head, injuring his ear. McNeely was treated by several physicians, was released to return to work, but never returned to work.

¶4. McNeely admited to being "an emotionally fragile, yet functional individual" who had been on prescription drugs for ten years for anxiety problems. McNeely had problems with depression due to a recent divorce.

ΒΆ5. McNeely testified that he blacked out and hallucinated on the way to the doctor. The two inch laceration to his right ear was repaired by Dr. David Headley, a family practitioner in Port Gibson. Dr. Headley released ...


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