Ex Parte Murray

We granted Petitioner's request to review the Court of Civil Appeals' denial of workmen's compensation benefits for failure to comply with the 5-day notice provision of Code 1975, §25-5-78. The suit was filed by James Marshall Murray against his employer, International Paper Company, to recover compensation for personal injury allegedly caused by an accident arising out of and in the course of his employment.

Defendant's answer denied that Marshall sustained an injury in the course of his employment and raised, as an affirmative defense, that Murray "failed to comply with the notice provisions…