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Felter v. FloorServ Inc.

Court of Appeals of Mississippi

June 16, 2015

ERIKA L. FELTER, APPELLANT
v.
FLOORSERV INC. AND THE EMPLOYERS FIRE INSURANCE COMPANY (ONE BEACON INSURANCE), APPELLEES

          DATE OF JUDGMENT: 06/20/2014.

          TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. TRIBUNAL DISPOSITION: AFFIRMED ADMINISTRATIVE JUDGE'S ORDER THAT APPELLANT NOT ENTITLED TO ADDITIONAL MEDICAL BENEFITS.

         ERIKA L. FELTER, APPELLANT, Pro se.

         FOR APPELLEES: CHADWICK LESTER SHOOK.

         BEFORE GRIFFIS, P.J., ISHEE AND MAXWELL, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

          OPINION

Page 590

          NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

         GRIFFIS, P.J.:

         [¶1] Erika Felter appeals the decision of the Mississippi Workers' Compensation Commission denying permanent disability and additional medical benefits she requested as part of her workers' compensation judgment. We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         [¶2] On March 27, 2006, Felter suffered injuries in a car accident while working for her employer, FloorServ. On April 1, 2007, Felter filed a petition to controvert with the Commission. The administrative judge (AJ) issued an order awarding Felter compensation through August 30, 2006, when Felter reached her maximum medical improvement (MMI). Felter then attempted to appeal the AJ's decision.

         [¶3] This Court previously considered this case. Felter v. FloorServ Inc. (Felter I), 140 So.3d 431 (Miss. Ct.App. 2012). The Court affirmed the decision of the Commission and the Adams County Circuit Court, which found Felter's appeal of the AJ's decision untimely. Id. at 433 (¶ 2).

         [¶4] We restate the facts and procedural history discussed in the earlier opinion:

On the day of the car accident, Felter presented to the Natchez Regional Medical Center's emergency room. She complained of pain " all over," with specific complaints of neck and abdominal pain. Felter underwent an abdominal and pelvic CT scan and x-rays of her chest, cervical spine, pelvis, left hip and knee, and lumbar spine. Felter's CT scans and . . . x-rays ...

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