01-04179-H-1036. Pollard v. Maynard's, Inc.

• Case Date: January 13, 2006
• Court: Mississippi

Mississippi Worker Compensation 2006. 01-04179-H-1036. Pollard v. Maynard's, Inc BETTY POLLARD CLAIMANT VS. MAYNARD'S, INC. EMPLOYER AND EMPLOYERS INSURANCE OF WAUSAU CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 01-04179-H-1036Representing Claimant: Dennis W. Voge, Esquire, Tupelo, MS Representing Employer and Carrier: George E. Read, Esquire, Oxford, MS FULL COMMISSION ORDER The above styled claim was heard by the Commission on August 22, 2005 pursuant to the Employer's and Carrier's Petition for Review Before the Full Commission. The Employer and Carrier argue that the Administrative Judge erred in finding this claim was not barred by the two year statute of limitations. We agree, and reverse. I. Betty Pollard unquestionably tripped and fell at work on April 24, 1996, injuring her right arm, mouth and jaw. She did not file a petition to controvert with the Commission until April 2, 2001. The sole question is whether her claim is barred by the two year statute of limitations contained in Miss. Code Ann. §71-3-35(1) (Rev. 2000). The answer to this question turns on whether Betty Pollard was paid wages in lieu of wo ers' compensation benefits within two years after her injury so as to erase the statute of limitations, because is it agreed that she was not paid any compensation benefits outright by the Employer or Carrier.(fn1) Betty Pollard is a right arm dominant person who worked for the Employer running errands, and performing clerical work such as data entry, payroll, invoicing and the like. She testified that she was taken to the local emergency room on April 24, 1996 after she tripped and fell at work. She claims that her arm and facial injuries were evaluated, and that she was given medication and referred to a dentist for additional care. She stated that on April 26, 1996 she sought treatment for her arm from Dr. Nord, an orthopedic surgeon, who diagnosed a broken right arm and applied a cast. Mrs. Pollard claims that, "to the best of [her] recollection," Dr- Nord told her "to stay off work for a couple of weeks or more." As she recalled, she returned to Dr. Nord four weeks later and was given a removable brace. She did not recall ever seeing Dr. Nord again. She testified later that no other doctor or dentist ever took her off work for any period of time. Mrs. Pollard testified that even...