Legal Opinion · Dissent

Bryan Foods, Inc. v. Ewing

Court of Appeals of Mississippi

Decided June 25, 2013No. 2011-WC-01194-COAPublished

1DissentIshee, J.

¶ 29. With respect to the majority, I must dissent. As noted previously, in order to prevail on his claim for workers’ compensation benefits, Ewing must prove by a preponderance of the evidence that he suffered “an accidental injury arising out of and in the course of his employment[,] and a causal connection between the injury and the claimed disability.” S. Miss. Elec. Power Ass’n v. Graham, 587 So.2d 291, 294 (Miss.1991) (quoting Narkeeta, Inc. v. McCoy, 247 Miss. 65, 70, 153 So.2d 798, 800 (1963)). Furthermore, Ewing must “establish every essential element of the claim[,] and it is not…

2Cases cited2 opinions

  1. Narkeeta, Inc. v. McCoyMississippi Supreme Court · 1963
  2. South Mississippi Electric Power Ass'n v. GrahamMississippi Supreme Court · 1991

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