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Raytheon Aerospace Support Services v. Miller7/30/2002
temporaneously report that she had been injured on the job, contradicting her own testimony. In her medical records for treatment occurring after the alleged second injury, there is no indication that she gave a history of a second accident except in the testimony of Dr. Stanback offered in his second deposition. This second deposition was, in material ways, contradicted by his earlier deposition and was not corroborated by his medical notes made at the time of the actual examination.
. On those facts, the Commission determined that Miller had failed in her burden to prove a second work-related injury . It is beyond question that the burden of proof on the issue rested with Miller. South Mississippi Elec. Power Ass'n v. Graham, 587 So.2d 291, 294 (Miss. 1991). There was more than substantial evidence in the record to support the Commission's determination. In that situation, I am of the view that the circuit court erred by merely substituting its own view as to the credibility of the witnesses for that of the Commission. This Court compounds the problem by repeating that same error. We exceed our limited mandate regarding the scope of our review of an administrative proceeding when we do so. Ray v. Mississippi State Bd. of Health, 598 So.2d 760, 764 (Miss. 1992).
. I would reverse the judgment of the circuit court. This would reinstate the decision of the Commission. I would do so on the basis that there is substantial evidence in the record to support the Commission's resolution of the key disputed issue of fact on which the case turns.
SOUTHWICK, P.J., AND THOMAS, J., JOIN THIS SEPARATE WRITTEN OPINION.
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