Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wright v. Minact Logistical Services, LLC

Court of Appeals of Mississippi

May 1, 2018

ANGELA WRIGHT APPELLANT
v.
MINACT LOGISTICAL SERVICES, LLC AND COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY APPELLEES

          DATE OF JUDGMENT: 04/13/2017

         COMPENSATION COMMISSION MISSISSIPPI WORKERS'

          ATTORNEY FOR APPELLANT: ANGELA WRIGHT (PRO SE)

          ATTORNEY FOR APPELLEES: BRYAN GRAY BRIDGES

          BEFORE LEE, C.J., CARLTON AND WESTBROOKS, JJ.

          WESTBROOKS, J.

         ¶1. Angela Wright was employed by Minact Logistical Services at the Nissan Plant located in Canton, Mississippi. On July 9, 2012, Wright was involved in an incident where she fell off a crate she was seated on in the back of a Fed-Ex truck driven by a supervisor. Wright and Minact agreed to a settlement on October 21, 2016. On February 22, 2017, Wright requested the Mississippi Workers' Compensation Commission re-open her claim. The Commission denied her request. Wright, appearing pro se, appeals from that order. Finding no error, we affirm.

         FACTS

         ¶2. On July 9, 2012, Wright, employed by Minact, was instructed to ride in the back of a Fed-Ex truck by two supervisors at the Nissan Plant in Canton, Mississippi. The back of the truck did not have any seats, nor did it have any seatbelts, and Wright was instructed to sit on a crate. During the ride, Wright was thrown off the crate and injured her back. Over the span of four years, Wright saw at least nine different doctors regarding her work-related injuries. While it was undisputed between the parties that Wright had a compensable physical injury, it was disputed as to what extent she was disabled and whether her psychological injuries were related to her physical injuries. Due to the varying opinions of the physicians and at the encouragement of the Administrative Judge, both sides agreed to mediation.

         ¶3. At first, Wright seemed to have many hesitations to mediate, but ultimately she agreed to a settlement on October 21, 2016. Four months later, on February 22, 2017, Wright wrote a letter requesting the Full Commission to re-open her claim. In her letter, Wright stated that she felt her attorney did not do his job properly, she also stated she did not read the settlement herself, and she was forced into mediation by the Administrative Judge. On April 13, 2017, the Commission denied her request, stating that she had "failed to present any evidence to establish 'a change in conditions' or 'a mistake in determination of fact' as grounds for this matter to be reopened." Now, Wright timely appeals from the order denying her claim to re-open. Finding no error, we affirm.

         STANDARD OF REVIEW

         ¶4. The Commission "sits as the ultimate finder of facts in deciding compensation cases, and therefore, its findings are subject to normal, deferential standards upon review." Pilate v. Int'l Plastics Corp., 727 So.2d 771, 774 (¶12) (Miss. Ct. App. 1999) (internal quotation marks omitted). This Court will only reverse the findings of the Commission if the findings are "clearly erroneous." J.R. Logging v. Halford, 765 So.2d 580, 583 (¶13) (Miss. Ct. App. 2000) (citing Evans v. Cont'l Grain Co., 372 So.2d 265, 269 (Miss. 1979)). A finding is clearly erroneous if, "although there is some slight evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made by the Commission in its findings of fact and in its application of the [Workers' Compensation] Act." Id.

         DISCUSSION

         Whether the Commission erred in denying Wright's request ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.