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It is the province of the Mississippi Workers’ Compensation Commission to weigh the evidence—including expert medical testimony. Accordingly, where the Commission gave more weight to the employee’s medical expert—who opined that, more likely than not, the worker’s staph infection was causally connected to epidural injections the worker received as treatment for a work-related back injury—than it gave to the opposing opinion of the employer’s expert, the appellate court would not reweigh the evidence.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis
See Lowe's Home Ctrs., LLC v. Scott, 2017 Miss. App. LEXIS 618 (Oct. 31, 2017)
See generally Larson’s Workers’ Compensation Law, § 130.05.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see