0805029-K-0863. JOSEPH JOHNSON CLAIMANT vs SYSCO FOOD SERVICES.

• Court: Mississippi

Mississippi Workers Compensation Decisions 2011. 0805029-K-0863. JOSEPH JOHNSON CLAIMANT vs SYSCO FOOD SERVICES JOSEPH JOHNSON CLAIMANT vs SYSCO FOOD SERVICES EMPLOYER AND NEW HAMPSHIRE INS. CO. CARRIERMISSISSIPPI WORKERS' COMPENSATION COMMISSIONMWCC NO.: 0805029-K-0863Representing the Claimant: Carlos Moore, Esquire, Grenada, Mississippi Representing the Employer/Carrier: Jeff Skelton, Esquire, Ridgeland, Mississippi ORDER OF ADMINISTRATIVE JUDGE A hearing on the merits was conducted on September 10, 2010 at the Mississippi Workers' Compensation Commission located in Jackson, Mississippi at 9:00 a.m. After a definitive period of time, this record was closed and this Opinion rendered. ISSUE Whether or not a work related injury occurred on or about the date alleged in the Petition to Controvert, namely March 14, 2008. STIPULATIONS 1. The average weekly wage of the claimant is $883.52. 2. Should claim be compensable, the claimant would be entitled to the 2009 maximum of $398.93. EVIDENCE Evidence was entered into this cause as follows: General Exhibit 1: Deposition of Dr. Gary McCarthy; General Exhibit 2: Deposition of Dr. David Gandy; Claimant Exhibit 3: Claimant Medical Evaluation/Dr. Howard Katz; General Exhibit 4: Employer Medical Evaluation/Dr. David Gandy; General Exhibit 5: First Report of Injury. SUMMARY OF EVIDENCE LAY TESTIMONY/CLAIMANT, JOSEPH DEWANE JOHNSON The claimant testified on his own behalf on the occasion of this hearing. He was born on October 8, 1968 and is a high school graduate and current resident of Jackson, Mississippi. Prior occupations of the claimant include a stint in the United States Army from 1988 to 1992, stationed in Hanau Germany and work in various capacities at McCarty Holman, Capital City Beverages, Coca Cola, Nissan, Belk Distribution and, lastly, at Sysco Food Services where he was employed as a driver. Claimant testified that on March 14, 2008 he was walking down a ramp of the delivery truck and while removing products from the truck, he began to suffer from debilitating pain in both of his knees. Claimant initially thought he was suffering from arthritis and medication was prescribed which did not improve his condition. At some point he even wore bilateral knee braces. Claimant testified that the first onset of pain was actually in February and got steadily worse. Although he testified to pain in both knees, it appears the right knee is more problematic for him. Claimant testified that he has not had surgery but Dr. McCarthy has conveyed to him that he needs surgical intervention. Claimant had been working at Sysco for approximately nine (9) months when the purported incident occurred. Claimant could recall no specific incident or event and testified that he did not tell anyone about the "injury" at work and went to the Emergency Room at Central Mississippi Medical Center on his own. Claimant...