Debra Owens v. Shelby County Government

This is a lawsuit for on-the-job injury benefits. The plaintiff was employed as a jailer for the defendant county government. She injured her back in a slip-and-fall accident which occurred during the scope of her employment. The county paid her on-the-job injury benefits while she was being treated for her injuries. After about two months, her treating physician released her from his care, stated that she had no permanent anatomical disability, and determined that she was capable of unrestricted work. The county stopped paying her on-the-job injury benefits and she returned to full-dutywork. Later, complaining of continued back pain, the plaintiff saw another physician. This physician opined that the plaintiff had a 6% permanent disability to her body as a whole as a direct result of the slip-and-fall accident. The plaintiff filed this lawsuit for further benefits under the county’s OJI policy. After a trial, the trial court found that the plaintiff did not have a permanent vocational disability and held in favor of the county. The plaintiff now appeals. We affirm, concluding that there is no reason to reject the trial court’s determinations of credibility and that the evidence does not preponderate against the trial court’s decision.