Legal Opinion

Performance Tire & Wheel, Inc. v. Rhoads

Court of Appeals of Mississippi

Decided April 23, 2013No. 2012-WC-01189-COAPublished

1Opinion of the Court

LEE, C.J.,

for the Court:

¶ 1. This appeal addresses the sole issue of whether Albert Rhoads’s injury arose out of the course and scope of his employment. The administrative judge (AJ) found that the injury was within the course and scope of Rhoad’s employment, and the Mississippi Workers’ Compensation Commission (the Commission) affirmed the AJ’s order.

FACTS AND PROCEDURAL HISTORY

¶ 2. Rhoads began working for Performance Tire & Wheel (Performance) around March 2010 as a tire and lube technician. Rhodes testified that on April 26, 2010, he attempted to change the tire on a furniture/rental van.…

2Cases cited8 opinions

  1. Delta CMI v. SpeckMississippi Supreme Court · 1991
  2. Weatherspoon v. Croft Metals, Inc.Mississippi Supreme Court · 2003
  3. Westmoreland v. Landmark Furniture, Inc.Court of Appeals of Mississippi · 1999
  4. Smith v. Johnston Tombigbee Furniture Manufacturing Co.Court of Appeals of Mississippi · 2010
  5. Shelby v. Peavey Electronics Corp.Court of Appeals of Mississippi · 1998

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