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Benson v. National Union Fire Insurance Company Of Pittsburgh6/27/2000
DATE OF JUDGMENT: 04/16/1998
TRIAL JUDGE: HON. JAMES E. GRAVES JR.
COURT FROM WHICH APPEALED:HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - TORTS - OTHER THAN PERSONAL INJURY AND PROPERTY DAMAGE
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED TO EMPLOYER'S INSURANCE CARRIER
DISPOSITION: AFFIRMED - 06/27/2000
. The appellant, Barbara Benson, appeals the granting of summary judgment by the Circuit Court of Hinds County which found that she had failed to adequately identify, argue or present any fact or matter which would be sufficient to create a genuine issue of material fact in support of a claim of bad faith against the defendant below, National Union Fire Insurance Company, in the course of her workers' compensation claim. Finding no error, we affirm the summary judgment of the lower court.
PROCEDURAL AND EVIDENTIARY FACTS
. While employed at Wal-Mart as a stocker whose work required the repetitive opening and handling of boxes, Barbara Benson suffered a work related injury which was diagnosed as bilateral carpal tunnel syndrome. Benson took leave from her job on June 21, 1991 and underwent surgery to her left wrist. Surgery was performed on her right wrist the next month. Though her employer and carrier initially denied Benson's claim for workers' compensation benefits, she began receiving temporary total occupational disability benefits on November 19, 1991. However, Benson also claimed that she developed psychiatric problems as a result of her injury, and the specific issue regarding compensation for psychiatric treatment was brought before the administrative judge at a hearing in November 1992 for a resolution. It is this issue which is the subject of this appeal.
. The order of the administrative judge of January 8, 1993, acknowledged, from the evidence presented by various medical experts regarding the source of Benson's psychiatric problems, that Benson had an abusive childhood and had been bothered with depression and anxiety most of her life. However, the administrative judge, in the order's conclusions of law and fact, found that Benson's severe depression and suicidal psychosis condition was caused by the anxiety induced by the pain in Benson's hands and by the initial denial of her claim by the employer and carrier. The order stated that her mental problems were causally related to her industrial injury and provided for payment of all medical expenses incurred because of injuries sustained in the accident. In addition, the order provided for the blanket payment of "all necessary future medical treatment, including the inpatient psychiatric treatment recommended by Dr. Mark C. Webb." This order was appealed to the Full Commission and most of its provisions were affirmed on October 12, 1993; however, the blanket payment for future services rendered by Dr. Webb was restricted. The Commission's order provided that Dr. Webb's services were to be continued only until Benson reached maximum medical recovery and instructed Webb to provide the Commission with a progress report of the extent and degree of Benson's disability within sixty days of having determined that maximum medical recovery was attained. On September 14, 1994, another order was issued by the administrative judge which granted the employer and carrier's request for an independent medical examination and evaluation. The administrative judge selected Dr. George Hamilton to determine whether Benson was in need of any further treatment. In addition, the order provided that the employer and carrier were to pay for all medical costs incurred to date relating to Benson's psychiatric treatment but excluded costs accr
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