Rice v. Burlington Motor Carriers Inc., et al.
| Docket Number: | 2001-WC-01684-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Workers’ compensation - Jurisdiction of Commission - Section 71-3-109(1) Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
|
| Trial Court: |
Date of Trial Judgment: 09-24-2001 Appealed from: Pontotoc County Circuit Court Judge: Thomas J. Gardner Disposition: CLAIMANT WAS DENIED BENEFITS UNDER THE MISSISSIPPI WORKERS’ COMPENSATION ACT FOR LACK OF JURISDICTION. Case Number: CV2000-177 (G) PO |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Randall W. Rice |
JOE M. DAVIS
WILLIAM O. RUTLEDGE |
||
| Appellee: | Burlington Motor Carriers, Inc. and The Travelers Insurance Company | FRANKLIN WILLIAMS |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Workers’ compensation - Jurisdiction of Commission - Section 71-3-109(1) |
| Summary of the Facts: | Randall Rice filed a petition to controvert with the Mississippi Workers' Compensation Commission seeking disability benefits after he suffered an injury to his back while in the course of his employment with Burlington Motor Carriers, Inc. The Commission dismissed for lack of jurisdiction. The circuit court affirmed the Commission’s decision, and Rice appeals. |
| Summary of Opinion Analysis: | The injury in this case occurred outside the geographical boundaries of Mississippi. Section 71-3-109(1) allows a petitioner to recover compensation according to the law of this state if he has been hired or is regularly employed in this state and receives an injury by accident arising out of and in the course of his employment while temporarily employed outside of this state. Rice was offered employment by Burlington while he was in Tennessee and he was ultimately hired in the state of Indiana. The only connection between this state and the duties of Rice’s employment consisted of his testimony that officials of Burlington had told him that he was to be based in Atlanta once he became a fully qualified driver and would be dispatched out of that location, but that he would be permitted to take his truck home with him to Pontotoc between driving assignments and that job-related correspondence including salary checks were mailed to his home address in Pontotoc County. Therefore, the Commission correctly found that it did not have jurisdiction. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
