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Perez v. Howard Industries Inc.

Court of Appeals of Mississippi

October 28, 2014

ELSA PEREZ, APPELLANT
v.
HOWARD INDUSTRIES INC., APPELLEE

 DATE OF JUDGMENT: 11/27/2013.

TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. TRIBUNAL DISPOSITION: AFFIRMED THE ORDER OF THE ADMINISTRATIVE JUDGE DENYING APPELLANT THE REQUESTED MEDICAL TREATMENT FOR AN UNRELATED SHOULDER INJURY, DENYING APPELLANT'S REQUEST FOR PERMANENT DISABILITY, AND GRANTING APPELLANT TEMPORARY TOTAL DISABILITY BENEFITS UNDER THE MISSISSIPPI WORKERS' COMPENSATION ACT.

FOR APPELLANT: MARIANO JAVIER BARVIE'.

FOR APPELLEE: DOUGLAS S. BOONE, PARKER FORD LEGGETT.

BEFORE IRVING, P.J., BARNES, ROBERTS AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 142

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

ROBERTS, J.

¶1. On July 13, 2009, Elsa Perez slipped and fell while at work for Howard Industries Incorporated. She filed her petition to controvert on June 9, 2010, claiming injury to her right leg, right ankle, and lower back; however, over a year later, Perez filed an amended petition to controvert adding that she injured her right shoulder when she fell. The administrative judge (AJ) found that Perez failed to show a causal connection between her shoulder injury and her work-related fall; thus, Howard Industries was not responsible for any medical treatment or disability relating to Perez's shoulder. The Mississippi Workers' Compensation Commission (Commission) affirmed the AJ's decision and adopted the AJ's order. Perez appeals and asks this Court to review the Commission's decision that Perez failed to show a causal connection between her work-related fall and her shoulder injury. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

I. Medical History

¶2. Perez was an employed with Howard Industries on July 13, 2009, as an assembly-line worker, when she slipped on a mixture of oil and water on the floor. Perez fell, landing primarily on her right side. She notified her supervisor, who completed an accident-investigation report. Perez was sent to the MEA Medical Clinic, where she was diagnosed with multiple contusions and a right-wrist sprain. She

Page 143

was released back to work with limited use of ...


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