IN THIS ISSUE IN A PPELLATE F OCUS T EAM A TTORNEYS I MPO TANT M ISS - PDF document

O CTOBER 16, 2009 B ALCH & B INGHAM LLP Carroll Gartin Justice Building IN THIS ISSUE IN A PPELLATE F OCUS T EAM A TTORNEYS I MPO TANT M ISS IPPI D ECISIO ECISIONS I SS SSUED PORTAN ISSISS ISSIPP IN J ULY , A , A UGUST ST , , & S EP ER 2009 2009 IN EPTE TEMBER E D R. H ADEN — C HAIR Profile Email (205) 226-8795 W ORKERS C OMPENSATION /U /U NEMPLOYMENT R. P EPPER C RUTCHER , J R . E DITOR Profile Email In Johnson v. Sanderson Farms, Inc. , 2008-WC-01218-COA (Miss. Ct. App. Aug. 25, (601) 965-8158 2009) , the Mississippi Court of Appeals awarded Johnson disability benefits under the Mississippi Workers’ Compensation law. Johnson claimed that she developed carpel tunnel C HRISTOPHER L. A NULEWICZ syndrome in both hands while cutting and chopping chicken daily at Sanderson Farms. Johnson Profile Email was tested several times for carpel tunnel syndrome, but the tests never revealed any evidence (404) 962-3562 of carpel tunnel. However, Johnson was able to produce a doctor who remained steadfast in her diagnosis that Johnson had carpel tunnel syndrome anyway. Her treating physician’s opinion M ICHAEL J. B OWERS carries the most weight in a worker’s compensation decision. Therefore, the Court affirmed her Profile Email award of disability benefits. So, as long as an employee can find a doctor who will testify that (404) 962-3535 he or she had a disability that was caused by his or her work, the employee will likely be awarded worker’s compensation benefits. (Click here for opinion.) D AVID R. B OYD Profile Email For injuries that occur while on the job, the employee’s exclusive remedy is under the (334) 269-3132 Mont. Mississippi Workers’ Compensation Law, meaning the employee may not sue the employer in a (205) 226- 3485 B’ham separate lawsuit. However, there is an exception if the employer had an actual intent to injure the employee. In Franklin Corp. v. Tedford , 2007-CA-01454-SCT (Miss. Sept. 10, 2009) , the M ATTHEW F. C ARROLL Supreme Court of Mississippi agreed that the employees were not barred by the exclusive Profile Email (205) 226-3451 remedy of the Mississippi Workers’ Compensation Law and were allowed to proceed in their lawsuit against Franklin. Franklin manufactures furniture, and it switched to a new type of T HOMAS L. C ASEY , III glue. This glue had numerous warnings about the harmful effects of vapors from the product; Profile Email the product recommended adequate ventilation. However, Franklin decided not to install (205) 226-3480 ventilation for the glue workers. Franklin’s worker’s compensation insurance conducted an evaluation of the vapors and again recommended ventilation. Franklin again declined to G REGORY C. C OOK ventilate the area. Eventually numerous employees became ill and several were hospitalized Profile Email from vapor exposure. The Court found that the employees offered sufficient evidence that (205) 226-3426 Franklin had the actual intent to injure the employees in order to allow the suit to proceed. (Click here for opinion.) M ICHAEL L. E DWARDS Profile Email In Mississippi Department of Employment Security v. Clark , 2008-CC-00582-COA (Miss. Ct. (205) 226-3401 App. July 21, 2009) , the Mississippi Court of Appeals denied unemployment benefits to Clark. Clark worked for Peco Foods, and one day he reported to work under the influence of alcohol. Several managers had a reasonable suspicion that Clark was under the influence of alcohol at C LICK HERE TO VISIT THE work, so in accordance with Peco’s policy, they administered an alcohol and drug test on Clark. A PPELLATE W EBSITE He failed the alcohol test and was fired. The Court held that this constituted a termination due to misconduct connected to work, which disqualified Clark from unemployment benefits. The Court found that (1) the company had a written policy with zero-tolerance for alcohol or drugs NOTE: No representation is made that the quality of legal services performed is greater than the quality of legal services performed by other lawyers. The information contained in this document is provided for informational purposes only and is not intended to provide legal advice to any person or entity and should not be used as a substitute for the advice of a qualified lawyer. When using this document, be aware that the information may be out of date and/or may not apply or be appropriate to your particular set of circumstances or your judicial jurisdiction. As legal advice must be tailored to the specific circumstances of each case and the law is constantly changing, you should not rely solely on the information set forth in this document. Anyone with a legal question or legal problem should always consult with and seek the advice of a qualified lawyer. 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