00-06453-69408. Radford v. Delta Correctional Facility.
Case Date | January 11, 2006 |
Court | Mississippi |
Mississippi Worker Compensation
2006.
00-06453-69408.
Radford v. Delta Correctional Facility
CONNIE RADFORD CLAIMANT VS. DELTA CORRECTIONAL FACILITY EMPLOYER
AND ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS CARRIER
MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 00-06453-69408Representing Claimant: Charles E.
Baglan, Jr., Esquire, Batesville, MS Representing Employer and
Carrier: F. Hall Bailey, Esquire, Jackson, MS
FULL COMMISSION ORDER
The above styled claim was heard by the Commission on January 9,
2006 pursuant to the Employer's and Carrier's Notice of Appeal to Full
Commission. The Employer and Carrier argue that the Administrative Judge erred
in finding the Claimant met her burden of proving a compensable psychological
injury arising out ofher employment with Delta Correctional Facility. We agree,
and reverse.
I.
Mrs. Radford began working for the Employer' as a records clerk
in September 1996 at their Greenwood, Mississippi facility. She was eventually
promoted to records supervisor, and received favorable performance evaluations
from 1997 through 2000. Mrs. Radford's husband also worked for the Employer as
chief of security, and they maintained a friendly, and social, relationship
with Mrs. Radford's supervisor, Deputy Warden Don Grant, and his wife.
Don Grant was eventually promoted to Acting Chief Warden at the
Greenwood facility, and Mr. Radford's husband was temporarily promoted to
Acting Deputy Warden in Grant's place. According to the Claimant, Don Grant
promised her husband a permanent promotion to deputy warden, but this job was
later given to Jackie Banks, a deputy warden at another CCA facility. The
Radfords were resentful of Jackie Banks as a result; and when Warden Banks
arrived, she was not welcomed by the Radfords. Mrs. Radford points to Deputy
Warden Banks as the source for a lot of the emotional trauma she alleges to
have suffered during her employment. She claims Deputy Warden Banks regularly
made disparaging remarks about her to co-workers, was jealous of the friendship
between the Radfords and Chief Warden Grant, harassed her, and made fun of her.
As previously noted, Warden Grant oversaw the records department
where Mrs. Radford worked as supervisor. Even after he was promoted to Acting
Chief Warden, Grant continued to maintain supervisory authority over Mrs.
Radford. This was due to the fact...
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