We Have the Experience
Our attorneys have over fifty years of experience in the defense of Workers’ Compensation claims and have handles high-profile clients.
Our attorneys are well trained in the procedures of the Workers’ Compensation Commission and have extension experience.
Our clients have included Sara Lee Corporation; Bryan Foods, Inc.; Southern Family Foods; Earthgrains Bakeries; True Temper Sports and Prestage Farms; Travelers Oil & Gas; Berkley Southeast; Georgia Pacific; among many others. See our full client list.
We Have the Networks and Relationships
Our attorneys have excellent relationships with Commissioners, Administrative Judges, and members of the Commission staff, as well as many of the physicians who provide care in the Workers’ Compensation Area.
We enjoy an excellent relationship with the Commissioners, Administrative Judges and members of the Commission staff.
We have established good relationships with many of the physicians who provide care in the Workers’ Compensation arena.
We Navigate You Through the Potential Hazards
Our attorney’s will skillfully guide you through the potential hazards of Mississippi Workers’ Compensation.
Navigating the waters of Mississippi Workers’ Compensation can be treacherous. There is no provision in the Act or in the Commission’s rules that makes the formal filing of a claim a prerequisite to entitlement to benefits.
Instead, the statute places a mandatory duty on the employer and carrier to pay benefits promptly as called for by the statute. If an employer / carrier fails to provide statutory benefits for no arguable reason, such failure is subject to being regarded as a bad faith breach of its statutory duty.
As such, the breach can be regarded as an independent tort for which the aggrieved party has a cause of action and a potential claim for punitive damages. Bradley; Thompson Mississippi Workers’ Compensation §11.30 (Ed. 2012).
We Save You Money
It is our goal in Workers’ Compensation cases to save our clients as much money as possible and we will strive to represent your company with efficiency and economy.
Because we are a local, resident Mississippi firm, we are able to inspect accident scenes, interview witnesses and secure documentation expeditiously and without excessive travel expenses. We believe that our local representation and our billing rates will result in a significant savings for your company
We Provide Timely and Thorough Reporting
We provide timely and thorough reporting on pending claims, immediate responses to your inquiries, and immediate notice of any materials legislative action or case law relating to Workers’ Compensation matters.
You and your adjusters can expect timely and thorough reporting on pending claims and an immediate response from any member of the firm who is assigned a claim.
We will also give immediate notice of any material legislative action or case law which relates to the handling of Workers’ Compensation matters.
Unquestionably, the attorneys in this firm are well known for the thoroughness of their trial preparation, responsiveness to clients, and securing successes as experienced defense counsel
Representative Cases
Jim Helveston leads the Workers’ Compensation division of our firm and has defended hundreds of Workers’ compensation claims.
ROOSEVELT COX V TRUE TEMPER SPORTS, INC.
Settlement and full and final release of all claims for $23,500.00
Representation of a manufacturing facility in a claim involving an injury to the shoulder. The Claimant underwent surgery and his treating physician imposed significant work restrictions. However, we were able to secure a settlement and full and final release of all claims for $23,500.00.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 1112315
LYNN HORTON V BRYAN FOODS
Limited Claimant’s award to $6,822.00
Representation of a meat processing plant in a claim involving admitted injuries to the Claimant’s back and right upper extremity. The Administrative Judge to whom this case was originally assigned recommended a settlement in the amount of $15,000.00 but the Claimant refused to accept anything less than $20,000.00. We took this case to hearing and were able to limit the Claimant’s award to $6,822.00.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBERS 0060378-J-5217B & 0410000-J-5216-B
Johnny McGregory v. True Temper Sports/Sentry Insurance
Secured a settlement for $26,500.00 with a full and final release of all claims including future medical care
The Claimant underwent surgery and, when he continued to experience pain and numbness in the upper extremity, his treating orthopedic surgeon recommended additional surgery. A vocational expert hired by the Claimant opined that the Claimant had experienced a 47% loss of access to occupations as a result of his work injury.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0902862-K-4411-B
Carnell Johnson v. Bryan Foods
Secured a dismissal of this claim without the payment of benefits after discovery
Representation of a manufacturing facility in defense of a death claim due to alleged asbestos exposure.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0012547-G-9594-B
Garry McBrayer v. Southern Family Foods, Inc.
Secured a settlement with a full and final release of all claims for $50,000.00
Representation of Southern Family Foods, Inc. in a claim based on injuries to the Claimant’s hip, left shoulder and back. The Claimant underwent three surgical procedures and his treating physicians assigned significant medical impairment ratings to the Claimant’s upper extremity and body as a whole. Because of the restrictions which the Claimant’s physicians imposed on his physical activity, there was a significant risk of an award based on a finding of permanent and total disability ($114,093.00).
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0212818-8250-B
Levi Jeffries v. Bryan Foods, Inc.
Secured a settlement and full and final release of all claims for $15,000.00
Representation of a manufacturing facility in claims based on injuries to the neck, right and left upper extremities and left lower extremities. Following the deposition of the Claimant’s treating neurosurgeon, we were able to secure a settlement and full and final release of all claims for $15,000.00.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBERS 0301294-J-7170-B and 0705160-J-7585
John Lewis v. Bryan Foods, Inc.
Secured a settlement and full and final release of all claims for $15,000.00.
Representation of a meat packing company in a claim based on admitted injuries to the back, hip and lower extremity. After taking the depositions of the Claimant’s treating neurosurgeon and neurologist, we were able to secure a settlement and full and final release of all claims for $15,000.00.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0410482-J-2755-B
Josephine Ewing v. Bryan Foods, Inc.
Secured a settlement and full and final release of all claims including claims for future medical care for $70,000.00
Representation of a meat processing company in separate claims based on injuries to the neck and right upper extremity. Because the injuries were separate and distinct, the Claimant was entitled to receive disability benefits for each injury Walls v. Hodo Chevrolet Co. 302 So. 2d 862 (Miss. 1974); Taylor v. U.S.F.& G. 420 So. 2d (Miss. 1982); Russell v. Orr, et al 700 So. 2d 619 (Miss. 1997). Because of the multiple injuries, and the severe work restrictions imposed on the Claimant by her treating physician, the Employer / Carrier’s exposure was $148,149.00.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0507793-K-0334-B
Lee Roy Lindsay v. Bryan Foods
Secured a settlement and full and final release of all claims for $5,000.00
Representation of a manufacturing facility in a claim based on injuries to the employee’s head, neck, shoulders, knees and ribs sustained in a motor vehicle accident. The Claimant’s treating orthopedic surgeon assigned a 40% medical impairment rating to the Claimant’s lower extremity and imposed significant restrictions on the Claimant’s work activity. However, during the deposition of the surgeon, we were able to establish that the Claimant’s ongoing complaints were unrelated to his work injury.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0201829-H-3505-B
Tommy Lee Ewing v. Bryan Foods, Inc.
Case is pending before the Mississippi Court of Appeals
Representation of a meat packing company in a claim involving injuries to the neck and the lower extremity. This case involved complicated medical issues and competing expert opinions as to whether or not the Claimant had experienced a non-union of his cervical fusion and needed repeat neck surgery. Had the Employer / Carrier been ordered to authorize the repeat surgery, a permanent and total award would have been likely. After taking the depositions of the medical experts, we were able to convince the Administrative Judge that the repeat surgery which the Claimant was demanding was neither reasonable nor necessary to his recovery. The Claimant’s demand for a repeat cervical fusion was denied. Following a subsequent hearing, the Administrative Judge also denied the Claimant any benefits for permanent disability. On appeal, the Full Commission, affirmed the denial of repeat surgery and awarded benefits based on a 50% loss of wage-earning capacity rather than the permanent and total award demanded by the Claimant.
INDUSTRY: MANUFACTURING | LAWYER: JAMES HELVESTON
MWCC CASE NUMBER 0004176-G-8089-B
MISSISSIPPI SUPREME COURT CASE 2011-WC-01194-COA
Workers Compensation Fraud
In addition to workers’ compensation, our team is aware of WORKERS’ COMPENSATION FRAUD and is comfortable assisting you to navigate those waters. In Mississippi, unlike many states, workers’ compensation fraud actions are handled by the State’s Attorney General. However, our attorneys have the experience needed to prepare the compensation case in order to turn it over to the Attorney General. Our attorneys understand that there must be adequate evidence of fraudulent behavior within the record of the workers’ compensation hearing. We work with surveillance and investigative agencies, interview co-workers, and perform extensive social media research in order to develop a graphic picture of questionable behavior sufficient to afford the Attorney General a successful outcome on fraud charges.