03-11683-H-8132. Johnson v. Swift Transportation Co., Inc.

• Case Date: March 01, 2004
• Court: Mississippi

Mississippi Worker Compensation 2004. 03-11683-H-8132. Johnson v. Swift Transportation Co., Inc KENNETH JOHNSON, CLAIMANT v. SWIFT TRANSPORTATION COMPANY, INC., EMPLOYER and ACE AMERICAN INSURANCE COMPANY, CARRIER KENNETH JOHNSON, CLAIMANT v. UNITED SHIPPING and TECHNOLOGY (VELOCITY EXPRESS), EMPLOYER and ST. PAUL FIRE and MARINE INS. CO., CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC N0. 03-11683-H-8132 MWCC NO. 02-11818-H-5314 FULL COMMISSION ORDER Cause number 03 11683-H-8132, which is claimant Kenneth Johnson's workers compensation claim against Swift Transportation Company and Ace American Insurance Company (hereinafter "Swift', was heard before the Full Commission on February 14, 2005 in the Commission's hearing room in Jackson, Mississippi. Present were James K. Wetzel, Esquire, representing the claimant, and H. Byron Carter III, Esquire, representing Swift. Also present was Donald P. Moore, Esquire, who represents United Shipping and Technology and St. Paul Fire and Marine Insurance Company (hereinafter "Velocity Express', employer and carrier in cause number 02 11818-H-5314, claimant Kenneth Johnson's original workers' compensation claim. I. Background Information On October 20, 2003, Administrative Judge Mounger issued an order in H-5314 in which she determined that Velocity Express was not responsible for Kenneth Johnson's workers' compensation claim. Kenneth Johnson had filed this claim against Velocity Express alleging an exacerbation of an admittedly compensable November 4, 2001 injury. The exacerbation occurred sometime in 2002, after claimant had been terminated from Velocity Express due to a reduction in force. This order was appealed to the Full Commission, which disagreed with the Administrative Judge, being unable to find substantial evidence to support her conclusion that "the claimant was fully resolved from the admittedly compensable injury of November 4, 2001." The Full Commission was of the opinion at that time that there was not credible medical evidence to support that conclusion. The Full Commission also opined that there was not substantial evidence in the record to support the application of the last injurious exposure rule. The Full Commission remanded the matter to the Administrative Judge for further proceedings in February of 2004. On October 23, 2003, Kenneth Johnson fled a petition to controvert against Swift...