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Rea v. Rust Engineering3/26/2002
DATE OF TRIAL COURT JUDGMENT: 03/23/2001
TRIAL JUDGE: HON. THOMAS J. GARDNER III
COURT FROM WHICH APPEALED: MONROE COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
TRIAL COURT DISPOSITION: AFFIRMED RULINGS OF ADMINISTRATIVE JUDGE AND THE FULL WORKERS' COMPENSATION COMMISSION WHICH DENIED APPELLANT'S CLAIM THAT HE SUFFERED A WORK-RELATED BACK INJURY ; ORDERED TEMPORARY TOTAL DISABILITY BENEFITS AT THE RATE OF $264.44 PER WEEK BEGINNING JULY 5, 1996 AND CONTINUING UNTIL JULY 19, 1996 WITH APPROPRIATE STATUTORY INTERESTS ADDED.
DISPOSITION: AFFIRMED - 3/26/2002
. Elmer L. Rea appeals the decision of the Monroe County Circuit Court affirming the Mississippi Workers' Compensation Commission which determined that Rea did not suffer a work-related injury to his back on July 5, 1996. Aggrieved by this decision, Rea raises the following issues on appeal:
I. Did the Claimant suffer a work-related back injury on July 5, 1996?
II. Did the Claimant suffer a permanent disability from the work-related injury ?
III. Was medical treatment by Dr. Dominic Cannella reasonable and necessary?
FACTS
. During the early part of 1996, Rea was employed as an electrician by Rust Engineering at a chemical plant located in Aberdeen, Mississippi. Rea's job at the plant was to put "heat sinks on pipes to prevent them from freezing during cold weather." According to Rea, on July 5, 1996, while working at the plant, he attempted to step onto a beam and his foot slipped. Rea claimed that he fell back and hit a steel beam causing injury to his left leg and back.
. That evening, Rea went to see Dr. Arthur Brown in Aberdeen. Rea stated that he told Dr. Brown that his leg and back were hurting. Dr. Brown gave Rea an injection for pain and prescribed medication. The following Monday, Rea returned to work. According to Rea, he went to the first aid office claiming to have pain in his back and leg. The safety manager inspected Rea's leg and advised him to see a doctor. Rea returned to Dr. Brown, who after examining Rea, admitted him to the hospital, where he remained for approximately one week. Upon release, Rea returned to work at Rust Engineering, and was given "light duty" (Rea sat in a chair and issued tools to other workers). Rea performed this assignment for approximately one week.
. Rea testified that after that week, he no longer worked for Rust Engineering. While unable to recall what happened regarding his employment at Rust, Rea acknowledged that Rust had contacted him on several occasions about working on other projects. Following his employment with Rust Engineering, Rea worked as an electrician with two other companies.
. Rea continued to see Dr. Brown for problems related to his leg. Rea claimed that his back was hurting at the same time that his leg was in pain, but that his leg was hurting worse. Dr. Brown thought Rea's leg problem was probably related to a different matter, diabetes.
. According to Dr. Brown, Rea reached maximum medical improvement on July 19, 1996, from his work-related injury of July 5, 1996. Rea was released from Dr. Brown's care regarding his work-related injury with no restrictions or impairment ratings from his injury.
. On November 4, 1996, Rea visited Pascagoula, Mississippi, where he went to the emergency room at the Singing River Hospital due to complaints of back pain. Under "chief complaints," the medical records from the hospital state that Rea complained of "low back pain x one week - coughed & sneezed real hard & felt back 'pop.'" The emergency room
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