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Compere's Nursing Home v. Hamlehdary8/20/2002
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED
. This is an appeal by Compere's Nursing Home and Mississippi Health Care Association (Compere's) from a decision of the Hinds County Circuit Court affirming a finding of compensability by the Mississippi Workers' Compensation Commission. In its appeal, Compere's has raised the following issues (1) whether the Commission's decision was based upon substantial evidence and (2) whether claimant's disability resulted from a pre-existing injury .
. Finding no merit in either of these issues, this Court affirms.
Facts
. Willie Jean Hamlehdary was employed by Compere's on August 6, 1997, as a certified nurse's assistant. This position included helping patients in and out of bed, in and out of wheel chairs and in and out of showers. It required bending, pushing and lifting among other activities.
. Approximately two weeks after being employed by Compere's, Hamlehdary injured her back while lifting a patient. According to Hamlehdary, as she attempted to move the patient to a "jerry chair" the bed slipped. In order to prevent the patient falling to the floor, she had to manually lift the falling patient, and transfer him to the chair. In doing so, Hamlehdary injured her back. She sought workers' compensation benefits for this injury .
. Hamlehdary had previously worked at Albemarle Health Care Center. While employed by Albemarle, Hamlehdary suffered a compensable back injury in June of 1994. As a result of this injury, she had back surgery in March of 1997.
Standard of Review
. While this appeal comes from the Hinds County Circuit Court, it is really the decision of the Mississippi Workers' Compensation Commission which this Court is asked to review. In doing so, this Court accords great deference to the actions of the Commission, and will only reverse it for an error of law, or when its decision is not supported by substantial evidence. Cornacchione v. Forrest County General Hospital, 755 So. 2d 422 ( ) (Miss. Ct. App. 1998). If there exists in the record substantial evidence which supports the Commission's decision, this Court is obligated to affirm that decision, even though it might have reached a contrary decision given those facts. Lucas v. Angelica Uniform Group, 733 So. 2d 285 ( ) (Miss. Ct. App. 1998). The Commission is the finder of fact, and determines the weight and credibility to be accorded the evidence, and this Court is bound to accept that determination. Cornacchione, 755 So.2d at ( ); City of Laurel v. Blackledge, 755 So. 2d 573 ( ) (Miss. Ct. App. 2000).
Resolution of The Issues
1. Whether the Commission's decision was based upon substantial evidence
. Compere's argues that there was such conflicting evidence that the Commission's finding of compensability could not have been based upon substantial evidence, and should therefore be reversed. Among the conflicts identified by Compere's are (1) whether the injury happened on August 17 or 18, and (2) whether notice of the injury was given to Compere's
. Hamlehdary at one point indicated she was injured on Monday, August 18. The petition to controvert indicated that she was injured on Sunday, August 17. Compere's offered testimony that Hamlehdary was terminated for failure to report for work on Monday, August 18.
. Hamlehdary testified to having informed her supervisor, "Ms. Gertrude," of her injury. Compere's offered the testimony of its administrator, Christopher Plumlee, and Shirley Lewis, a nursing supervisor, who testified that (1) Compere's had no record of any injury to Hamlehdary,
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