Oral arg. – Ct. of Appeals – Sept. 18, 2014

Thursday, Sept. 18, 2014 at 10:00 a.m., the Court of Appeals will hear oral argument in Chapman v. Coca-Cola Bottling, American Casualty,and Occupational & Rehabilitative Associates, Inc.  – this is a workers compensation bad faith case. Chapman had been working for Coca Cola Bottling in Vicksburg for 24 years when he sustained a back injury in 2001 while building a display in  an Ocean Springs grocery store.   In 2007, the Commission ruled that the claim was compensable and the employer agreed to pay $111,000 in compensation and payment of some medical bills.   Chapman filed suit;  the case was removed to federal court where it sat for three years before being remanded.   Eventually, the trial court granted summary judgment to the defendants on the grounds that they had an arguable reason to not pay.

According to American Casualty, the Chapmans alleged that the defendants “conspired to generate a ‘sham’ medical
report that stated essentially that Thomas’s alleged June 4, 2001, injury while working for Coke was not work-related within the meaning of the Mississippi Workers Compensation law.”

Chapman’s brief

American Casualty Brief

Coca Cola’s brief

Chapman’s reply brief

Argument can be viewed here at 10:00 Thursday, Sept. 18, 2014

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