Legal Opinion · Dissent

Harper ex rel. Harper v. Banks, Finley, White & Co. of Mississippi

Court of Appeals of Mississippi

Decided April 15, 2014No. 2012-WC-00811-COAPublished

1DissentCarlton, J.

¶ 20. I respectfully dissent. I submit that the decision of the Commission is not supported by substantial evidence. See Lott v. Hudspeth Ctr., 26 So.3d 1044, 1048 (¶ 12) (Miss.2010); Walker Mfg. Co. v. Cantrell, 577 So.2d 1243, 1245-47 (Miss.1991). The record fails to support a finding that Harper’s employment caused or contributed to his chronic failure to treat, and hence control, his established high blood pressure. The record shows that his high blood pressure continued unabated over the course of many years and that he took his medicine intermittently. No evidence in the record, or in…

2Cases cited3 opinions

  1. Walker Mfg. Co. v. CantrellMississippi Supreme Court · 1991
  2. Lott v. HUDSPETH CENTERMississippi Supreme Court · 2010
  3. Guy v. B.C. Rogers Processors, Inc.Court of Appeals of Mississippi · 2008

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