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Rea v. Rust Engineering3/26/2002
physician prescribed a medication, which Rea states was ineffective for back pain.
. As Rea claims to have had continued problems, he saw Dr. Gilliland in Tupelo who subsequently referred him to Dr. Dominic Cannella, a back surgeon. Dr. Cannella's records, which showed that Rea's chief complaint on October 30, 1997, was "left leg pain of an uncertain etiology," contained the following history of Rea's illness:
The patient is a 68 year old white male whose history dates back one year ago when he fell from a steel beam and injured his left leg. He has complained of left leg pain ever since. He denies low back pain, but he does describe pain in the left buttock, left lateral thigh, left lateral calf, and left pretibial area, with associated paresthesias involving the left lateral calf, left pretibial area, and along the medial aspect of the left foot. He denies left leg weakness.
. In November 1997, Dr. Cannella, in response to Rea's complaint of left leg and lower back pain performed back surgery on Rea. Rea indicated the receipt of some relief from this surgery, but stated the back pain returned. In January 1998, Dr. Cannella performed a second back surgery on Rea. Rea testified that Dr. Cannella recommended that a third back surgery be performed. However, Rea requested that it be put off.
. Eddie Harris, Rust Engineering's safety manager, testified as the employer's representative. Harris testified that while all employees are made aware of the necessity of reporting on-the-job injuries, Rea never reported any problems with his back nor did he report that he had fallen on his back. Harris stated that the only injury he was aware of was the injury to Rea's leg. Harris also denied that Rust Engineering had been advised by Rea's doctor to place him on "light duty." At the hearing on June 29, 1999, Rea stated that he did not tell his employer anything about the injury on the day it occurred.
. Rea's supervisor, Charles Hewlett, testified by deposition. Hewlett stated that as a matter of practice he always documented on-the-job injuries, and the lack of a record meant no injury was reported to him. Rea disputed that testimony.
. On January 6, 1997, Rea filed a petition to controvert with the Mississippi Workers' Compensation Commission alleging that he injured his left leg while "putting up pipe and hit his shin on some steel after he slipped." On January 30, 1997, Rust Engineering and its insurance carrier, Liberty Mutual, filed an answer denying Rea's claim. On March 24, 1997, Rust Engineering and Liberty Mutual filed an amended answer admitting that Rea sustained a leg injury but denied further benefits.
. On January 20, 1998, Rea filed an amended petition to controvert, claiming that he injured his left leg and his back on-the-job on July 5, 1996. On January 27, 1998, Rust Engineering and Liberty Mutual filed a second amended answer admitting that Rea sustained an injury to his left leg only and denying any occurrence or causal connection of any alleged back injury.
. On June 29, 1999, a hearing was held before Administrative Law Judge Melba Dixon. On August 31, 1999, Judge Dixon ordered:
1. Temporary total disability benefits at the rate of $264.44 per week beginning July 5, 1996 and continuing until July 19, 1996. There shall be added to each installment of compensation not timely paid the equivalent of 10% thereof as provided in Mississippi Code Annotated Section 71-3-37(5) of the Act, together with interest at the legal rate on all unpaid installments. The employer/carrier is entitled to credit for any such payments of compensation heretofore made to claimant or for any wages earned by t
Page 1 2 3 4 Mississippi Personal Injury Attorneys
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