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Whittle v. Tango Transport
Citations: 168 So. 3d 1157; 2014 Miss. App. LEXIS 194; 2014 WL 1362637Docket: No. 2013-WC-00034-COA
Court: Court of Appeals of Mississippi; April 8, 2014; Mississippi; State Appellate Court
Ruben Whittle appeals the Mississippi Workers’ Compensation Commission's ruling that he did not sustain a compensable back injury from a truck accident on April 17, 2009, where his truck was rear-ended while stopped at a railroad crossing. Despite Whittle's argument that his evidence established a compensable injury, the court found reversible error and remanded the case for further proceedings. Following the accident, Whittle, employed by Tango Transport, could not seek immediate medical attention due to his out-of-state delivery obligations. He reported to Memorial Hospital on April 21, 2009, with widespread pain and subsequently received treatment from Dr. Nyron Marshall, who focused on his knee pain and later released him to full duty on May 14, 2009. Dr. Marshall also referred Whittle to Dr. Lance Johansen, an orthopedic surgeon, who primarily treated Whittle's knee issues but noted that Whittle was doing exercises for his lower back. In October 2009, a functional-capacity evaluation indicated Whittle experienced pain in multiple areas, including his back. On October 15, 2009, he sought emergency treatment for severe back pain, where Dr. Lee Voulters diagnosed him with chronic lumbosacral sprain syndrome, but an MRI was not conducted due to lack of insurance authorization. Whittle filed a petition to controvert on December 23, 2009, claiming work-related injuries. While Tango and its insurance carrier admitted to the work-related injury, an independent medical evaluation by Dr. David Collipp on March 1, 2010, concluded that Whittle's back issues were not related to the accident but were instead due to degenerative changes. Dr. Collipp noted no significant ongoing complaints of back pain, suggesting no gradual progression of injury from the accident. Dr. Robert White, a neurosurgeon, provided testimony based on his review of Whittle’s medical records without conducting an examination. He diagnosed Whittle with preexisting cervical and lumbar disc disease, a recurrent lumbar sprain, and a resolved acute cervical sprain, concluding that Whittle’s back condition was unrelated to a work accident but acknowledging an initial element of sprain post-injury. After a hearing, the administrative judge determined that Whittle proved he sustained a work-related back injury from an April 2009 accident, supported by consistent reports of pain and Dr. Voulters’ testimony linking his condition to the incident. However, the Commission later reversed this decision, stating Whittle failed to prove his back injury was work-related, citing the significant time gap between the accident and his treatment for back issues, along with Dr. Collipp’s opinion negating a causal relationship. The circuit court upheld the Commission's ruling, leading to an appeal to this Court. In reviewing the case, this Court applies a substantial-evidence standard for workers’ compensation cases but reviews legal issues de novo. The Commission, as the fact-finder, evaluates evidence and credibility, and its determinations are upheld unless there is a legal error. Whittle contends that the evidence he presented was sufficient for his claim, arguing for the reversal of the Commission’s decision. The Commission's role includes resolving conflicting medical testimony, and appellate courts defer to its decisions, reaffirming that conflicting expert evidence leads to the affirmation of the Commission’s determination, regardless of the claimant's position. The Court must defer to the Commission regarding the credibility and weight of testimony, but the Commission's decision must be based on substantial evidence. If testimony is undisputed and reasonable, it is generally accepted as true, unless contradicted by affirmative evidence. A lack of sufficient medical testimony to directly oppose a claimant's account means the claimant meets their burden of proof. In this case, the Commission concluded that the Claimant failed to prove he sustained a compensable back injury from an accident on April 17, 2009. While the Claimant presented evidence of back pain post-accident, his primary treatments were for bilateral knee injuries, and he was released without restrictions before seeking back pain treatment months later. Medical findings suggested that the Claimant's low back pain was not related to the accident, as treatment was primarily focused on knee injuries. However, two doctors, Dr. Voulters and Dr. Marshall, asserted that the back injury was caused by the accident. The Commission's decision relied on findings from Dr. Collipp and Dr. White, who found no causal link between the back injury and the accident. Notably, Dr. Collipp did not review relevant imaging tests, basing his opinion solely on physical examination, while Dr. White's conclusions stemmed from an incomplete medical record review. Dr. White acknowledged the possibility of an acute back injury related to the accident. Thus, the findings from Dr. Voulters and Dr. Marshall were not contradicted by the other medical opinions. The Court previously reversed a denial of compensation benefits due to the Commission's reliance on inadequate medical testimony that overlooked causal evidence. In the case of Guy, the doctor failed to consider the claimant's MRI and relevant medical history, leading to a finding that lacked substantial evidence. In the current case involving Whittle, he successfully demonstrated that his back injury was work-related. Following a motor vehicle accident in April 2009, Whittle sought emergency treatment for widespread pain and returned in October 2009 for severe back pain. Medical professionals, Dr. Voulters and Dr. Marshall, confirmed with reasonable medical certainty that the accident caused his injury. Whittle consistently reported back pain across multiple visits, and medical evaluations indicated reduced lumbar mobility and pain. Consequently, the Commission’s earlier decision was deemed unsupported by substantial evidence, prompting a reversal and remand to the Mississippi Workers’ Compensation Commission for further proceedings. The judgment of the Harrison County Circuit Court was reversed, with all appeal costs assigned to the appellees. A dissenting opinion was also noted.