OF JUDGMENT: 02/28/2017
WORKERS' COMPENSATION COMMISSION
ATTORNEY FOR APPELLANT: CHADWICK LESTER SHOOK
ATTORNEY FOR APPELLEES: M. REED MARTZ
IRVING, P.J., BARNES AND WESTBROOKS, JJ.
Michael Barnes (Barnes) appeals the Mississippi Workers'
Compensation Commission order sustaining the administrative
judge's determination that Barnes did not suffer a
compensable injury. We find the Commission's order is
supported by substantial evidence and therefore affirm.
AND PROCEDURAL HISTORY
On March 23, 2015, Barnes was employed by Labor Finders, a
temporary, pay-by-the- day labor provider for individuals and
businesses. Labor Finders sent Barnes to a construction site.
While at the site, Barnes explained that he was instructed to
retrieve sinks from upstairs and bring them downstairs.
Barnes alleged that while bringing the sinks downstairs, he
missed a step and tumbled. Barnes managed to grab the rail,
but he nevertheless fell on his back. As a result of the
fall, Barnes injured his back and tailbone. Barnes stated
that no one witnessed the fall, and he did not tell anyone
about the fall. He explained that he spent the rest of his
workday retrieving extension cords.
At the end of the day, Barnes returned to Labor Finders and
signed an acknowledgment that he had been paid for that day.
The acknowledgment of pay also included a disclaimer that
Barnes had not sustained any work-related injuries on that
day. The following day, Barnes experienced lumbar pain and
stated that he could not walk. As a result, Barnes's son
drove him to the job site to report the injury. He wrote a
statement of the incident and was taken to a medical provider
by his supervisor. Barnes was diagnosed with narrowing L4-5
arthritic changes. Following the incident report and
physician's diagnoses, Labor Finders began to pay Barnes
temporary benefits for his injury. However, Labor Finders
ceased to pay those benefits after it discovered that Barnes
did not disclose a back surgery that he had twenty years
prior to the date of his injury.
Barnes filed a petition to controvert with the Workers'
Compensation Commission. Labor Finders denied Barnes's
claim, citing the false statements he made on his job
application, and terminated Barnes thereafter. A
compensability hearing was held before an administrative
judge, and the judge found that Barnes failed to prove that
he suffered a compensable injury. Barnes's petition was
dismissed, and he appealed the decision to the full
Prior to the Commission's decision, Barnes filed a motion
to supplement the record, requesting that the Commission
consider additional evidence not made part of the record
before the administrative judge. Both parties briefed the
matter, but no oral argument was held. The Commission
affirmed the administrative judge's dismissal and
incorporated the administrative judge's decision as its
own, while also denying Barnes's motion to supplement the
record. It is from that order that Barnes now appeals. Barnes
raises the following issues on appeal: (1) the Commission
disregarded Barnes's testimony regarding the work-related
injury; (2) the Commission erred in refusing to supplement
the record to include all medical records connected to the
medical-records affidavit; and (3) whether the
receipt-of-payment acknowledgment form violates public