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Raytheon Aerospace Support Services v. Miller7/30/2002
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED AND REMANDED
EN BANC.
. Miller suffered two work-related injuries at Raytheon Aerospace Support (Raytheon),one of which was admitted and one denied by Raytheon. The administrative law judge awarded Miller permanent total disability benefits for 450 weeks. Raytheon appealed and the Commission affirmed in part and vacated in part. Miller appealed to the Circuit Court of Lowndes County which reversed the Commission and reinstated, in toto, the order of the administrative law judge. Raytheon appeals, arguing that the decision of the circuit court was not supported by substantial evidence. Finding no error, we affirm.
FACTS
. Miller testified that she completed the eleventh grade. She has spent virtually her entire adult life working in custodial type jobs and as a cook. These were minimum wage jobs. She began working for Raytheon as a custodian and normally worked the third shift. She capably discharged her duties, which required her to clean various assigned buildings and carry loads of trash weighing up to fifty pounds.
. Miller further testified that she sustained a work-related injury on or about May 8, 1996, while in the course and scope of her employment with Raytheon. Claimant said she tripped over a clothing rack while attempting to get a buffer. She hurt her right hand, left knee and back. She stated a co-worker named Cynthia picked her up, because she could not move. She was taken by her supervisor to the Baptist Memorial Hospital-Golden Triangle in Columbus, Mississippi, where she received treatment. Subsequently, she was seen by Dr. Scott Jones, who referred her to Dr. John Gassaway for an evaluation. She was off work as a result of this injury. When she was released by Dr. Jones to return to restricted duty work, she took her "papers" to Deborah Junkin, who called in Sharon Smith and John Gerhardt. She said Mr. Gerhardt took her crutches and threw them in the garbage. He said they did not have any restricted duty work and she was sent home.
. Miller testified that she also saw Dr. Manuel Carro, who practices at the Semmes-Murphey Clinic in Memphis, Tennessee. He provided a course of treatment and recommended physical therapy exercises for her back. Dr. Carro released her to return to work on or about August 1, 1996. At that time, Miller lived at home with her husband, now deceased; son, Stacy Nowell; and daughter, Tammy Bond. Miller testified that she did not feel like she was capable of performing her job duties, but she needed the money. Accordingly, she was excited to be going back to work.
. Miller, upon returning to work on or about August 5, 1996, was assigned her custodial duties and attempted to perform them. In the early hours of August 6, 1996, she attempted to pull a floor buffer from an overhead locker, when she felt a sharp pain in her back. This pain brought her to her knees, where she remained for approximately an hour. She testified that when she got to her feet she went to the custodial office and remained there until her supervisor, John Gerhardt, arrived at work at approximately 6:00 a.m. She notified Mr. Gerhardt of this injury and then went home. She was treated by Dr. Carro both before and once after the second injury.
. Miller testified that Ruthie Williams, a co-employee and former friend, regularly asked her husband to buy cigarettes for her at the Columbus Air Force Base at a discounted price. However, Miller's husband informed Ruthie Williams that he would no longer buy cigarettes for her and this caused Ms. Williams to become angry. She testified that Ruthie Williams had cheated o
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