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Rea v. Rust Engineering3/26/2002
he claimant during this period of time.
2. Pay for, furnish and provide to the claimant all reasonable and necessary medical services and supplies as the nature of claimant's injury to his left leg or the process of his recovery may require pursuant to Section 71-3-15 (1972), as amended and the Medical Fee Schedule.
. On September 15, 1999, Rea filed a notice of appeal to the Full Commission. On June 13, 2000, the Full Commission affirmed the order of the administrative law judge. On June 19, 2000, Rea filed a notice of appeal to the Circuit Court of Monroe County, Mississippi, which on March 23, 2001, sustained the order of the Full Commission.
ISSUES AND ANALYSIS
I.
Did the Claimant suffer a work-related back injury on July 5, 1996?
. The standard of review utilized by this Court when considering an appeal of a decision of the Workers' Compensation Commission is as follows:
The Commission is the trier and finder of facts in a compensation claim. Inman v. Coca-Cola/Dr.Pepper Bottling Co., 678 So. 2d 992, 993 (Miss. 1996). This Court will reverse only where a Commission order is clearly erroneous, manifestly wrong and contrary to the weight of the credible evidence. Vance v. Twin River Homes, Inc., 641 So. 2d 1176, 1180 (Miss. 1994). "This Court will overturn a Commission decision only for an error of law, or an unsupportable finding of fact." Georgia Pacific Corp. v. Taplin, 586 So. 2d 823, 826 (Miss. 1991). Reversal is justified only when a commission order is not based on substantial evidence, is arbitrary or capricious, or is based on an erroneous application of the law. Smith v. Jackson Const. Co., 607 So. 2d 1119, 1124 (Miss. 1992). Our task is to review the Commission's decision for validity, even though the appeal is technically from the circuit court. Delta CMI v. Speck, 586 So. 2d 768, 773 (Miss. 1991). An appellate court is bound even though the evidence would convince that court otherwise if it were instead the ultimate fact finder. Posey v. United Methodist Senior Services, 773 So. 2d 976 ( ) (Miss. Ct. App. 2000).
. Rea contends that the administrative law judge erred in failing to find that he suffered a work-related back injury on July 5, 1996. Rea asserts that prior to the accident on July 5, 1996, he never had any problems with his back. Rea claims that when placed in the hospital in July 1996 by Dr. Brown, he informed the hospital personnel that his leg and back were hurting. However, Dr. Brown's discharge diagnosis of Rea was "Cellulitis, left leg (Erysipelas); non-insulin dependent diabetes mellitus, controlled; Hypertension, and peripheral vascular disease." While Rea's main complaint was his left leg, he did go to the emergency room at the Singing River Hospital for his back in November 1996.
. According to the evidence presented, Rea had back surgery in November 1997. However, Rea saw Dr. Cannella, the surgeon, in October 1997, a little more than one year after his fall on July 5, 1996. Dr. Cannella's records do not reveal that Rea's back pain was caused by his July 5th injury. After the surgery, Rea filed an amended petition to controvert to include an injury to his back. Rea maintains that the only reasonable explanation for his back injury is the fall on July 5, 1996. Rea had the burden of proving by a "fair preponderance of the evidence" the following elements: "(1) an accidental injury, (2) arising out of and in the course of employment, and (3) a causal connection between the injury and the death or claimed disability." Adams v. Lemuria, Inc., 738 So. 2d 295 ( ) (Miss. Ct. App. 1999). The Commission found that he did not do so. The Commission is the trier of fact,
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