Legal Opinion

POWE, MINOR, ETC. v. Jackson

Mississippi Supreme Court

Decided March 2, 1959No. 41044PublishedCited by 10 opinions

1Opinion of the CourtEthridge, J.

The principal issue is whether a settlement of a tort claim by an injured employee with a negligent third party, before any action is brought, and without the approval of the Workmen’s Compensation Commission, is valid and binding on the employer and compensation insurer.

Section 30 of the Workmen’s Compensation Act recognizes the rig’ht of an injured employee or his dependents to sue a third party for injury or death, and authorizes the employer or insurer to join in such action. Miss. Code 1942, Section 6998-36. The amount recovered in such suit is disbursed by first paying reasonable costs…

2Cases cited3 opinions

  1. Richardson v. U. S. F. & G. Co.Mississippi Supreme Court · 1958
  2. H. C. Moody & Sons v. DedeauxMississippi Supreme Court · 1955
  3. Bush v. ByrdMississippi Supreme Court · 1959

3Cited by10 opinions

  1. McCluskey v. ThompsonMississippi Supreme Court · 1978
  2. Liberty Mutual Insurance Co. v. ShoemakeMississippi Supreme Court · 2013
  3. Owen & Galloway v. Travelers Insurance Co.Mississippi Supreme Court · 1986
  4. Tadlock v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1969
  5. Necaise v. Oak Tree Sav. BankMississippi Supreme Court · 1994

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