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Baugh v. Central Mississippi Planning and Development District

April 06, 1999

MARY JOYCE BAUGH APPELLANT
v.
CENTRAL MISSISSIPPI PLANNING AND DEVELOPMENT DISTRICT AND AMERICAN STATES INSURANCE COMPANY APPELLEE



Before McMILLIN, C.j., King, P.j., And Diaz, J.

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

DATE OF JUDGMENT: 09/23/97

TRIAL JUDGE: HON. L. BRELAND HILBURN JR.

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: AFFIRMED COMMISSION

DISPOSITION: AFFIRMED - 4/6/99

¶1. This is a workers' compensation case appealed by Mary Joyce Baugh from the Circuit Court of the First Judicial District of Hinds County. The circuit court affirmed the findings of the Mississippi Workers' Compensation Commission in full. On appeal, Ms. Baugh argues that the Commission's order is not supported by substantial evidence, is contrary to the overwhelming weight of the evidence and is contrary to law. In particular, she raises the following:

(A) The Commission erred in finding claimant sustained a 25% industrial disability; claimant is 100% totally occupationally disabled.

(B) The Commission erred in finding that the medical treatment rendered after March 1, 1995, by Dr. Williams, Dr. Huddleston, and River Oaks Hospital was not reasonable and necessary and that the employer and carrier were not obligated to provide and pay for those services.

(C) The Commission erred in failing to apply the Mississippi Workers' Compensation Act in a just and reasonable manner and in failing to give due regard for the beneficent intent and purpose of the Act, resulting in a manifest inJustice to the claimant.

We find no merit to these arguments and affirm the finding of the Commission and circuit court.

FACTS

ΒΆ2. Ms. Baugh was employed as a licensed practical nurse (LPN) by Central Mississippi Planning and Development District when she was injured on December 19, 1991. Ms. Baugh was assisting a patient to the restroom when the patient lost her balance. Ms. Baugh tried to keep the patient from falling, but both she and the patient fell. At the time of the accident, Ms. Baugh complained of pain in her head, shoulders and lower back. She first sought treatment on December 21, 1991, with Dr. Indira Veerisetty, who prescribed pain ...


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