Legal Opinion · Dissent

Smith v. Tippah Electric Power Ass'n

Mississippi Supreme Court

Decided April 3, 2014No. 2012-CT-00502-SCTPublished

1DissentColeman, Justice

¶ 17. Based on the evidence and testimony presented, it is my opinion that the Commission’s decision was supported by substantial evidence; therefore, I respectfully dissent.

*905¶ 18. Under the Mississippi Workers’ Compensation Act, an employee may be entitled to compensation for disability from an injury “arising out of and in the course of employment.” Miss.Code Ann. § 71-3-7(1) (Supp.2013). However, “[n]o compensation shall be payable ... if it was the willful intention of the employee to injure or kill himself or another.” Miss.Code Ann. § 71-3-7(4) (Supp.2013). In the instant case, Smith was…

2Cases cited7 opinions

  1. Delta CMI v. SpeckMississippi Supreme Court · 1991
  2. Walker Mfg. Co. v. CantrellMississippi Supreme Court · 1991
  3. Vance v. Twin River Homes, Inc.Mississippi Supreme Court · 1994
  4. Lott v. HUDSPETH CENTERMississippi Supreme Court · 2010
  5. Smith v. Container General Corp.Mississippi Supreme Court · 1990

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