McLemore obtains appellate victory for employer, Hospital Housekeeping Services, Inc.

October 28, 2008.

       Jay R. McLemore represented the Appellant/Defendant, Hospital Housekeeping Systems, Inc and Clarendon National Insurance Company, in a case reversed and rendered by the Mississippi Court of Appeals. The Mississippi Court of Appeals, en banc, reversed and rendered the judgment of the Lauderdale County Circuit Court.  The Circuit Court had affirmed the Mississippi Workers' Compensation Commission and the Administrative Judge's order finding the claimant permanently, totally disabled.  The Commission upheld the Administrative Judge's order finding permanent, total disability for a mental injury arising out of an allergic reaction (inhalation).  The Court of Appeals reversed, finding insufficient evidence to support causation for the claimant's mental illness from an allergic reaction, especially as the claimant had a pre-existing brain tumor and other factors which were overlooked by the Administrative Judge and the Commission.  Hospital Housekeeping Systems, Inc. et al. v. Mary Woods Townsend, 2007 WC 00500-COA, (Miss. Ct. of App. July 22, 2008).  Rehearing was denied.