James Keith Mullins v. Biglane Operating Company, Oil Well Services and Supply Co., Inc.

E. GRADY JOLLY, Circuit Judge.

In this diversity-based appeal from a Fed.R.Civ.P. 12(b)(6) dismissal of his tort action against his employer, Oil Well Services and Supply Co., Inc., the appellant James Mullins claims that he fits into a judicially created exception to the exclusive remedy provision of the Mississippi Workers’ Compensation Act, Miss.Code Ann. § 71-3-9 (1982). Because we find that Mullins’ workplace injury did not arise from a willful act but was the result of an accident compensable under the Act, we affirm.

In evaluating the sufficiency of the complaint in response to a Rule…