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Texas Eastern v. McGee

April 21, 1998

TEXAS EASTERN
v.
MCGEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Thomas, P.j.

TEXAS EASTERN TRANSMISSION CORPORATION AND HARTFORD ACCIDENT AND INDEMNITY COMPANY, APPELLANTS v. HERMAN A. MCGEE, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 12/03/96

TRIAL JUDGE: HON. LEE J. HOWARD

COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: COURT AFFIRMED THE FINDINGS OF THE COMMISSION

DISPOSITION AFFIRMED - 4/21/98

The Circuit Court of Oktibbeha County affirmed the order of the Mississippi Workers' Compensation Commission awarding Herman McGee benefits. Texas Eastern Transmission Corporation and Hartford Accident and Indemnity Company appeal raising the following issues as error:

I. WHETHER THE COMMISSION'S FINDING THAT HERMAN MCGEE PROVED BY CLEAR AND CONVINCING EVIDENCE THAT HE SUFFERED POST-TRAUMATIC STRESS DISORDER ARISING FROM THE ACCIDENTAL DEATH OF A CO-EMPLOYEE WAS AGAINST THE SUBSTANTIAL WEIGHT OF THE EVIDENCE.

II. WHETHER HERMAN MCGEE IS ENTITLED TO WORKERS' COMPENSATION BENEFITS AND, IF SO, TO WHAT EXTENT.

III. WHETHER HERMAN MCGEE'S MENTAL CONDITION OR ILLNESS, IF ANY, WAS CAUSED BY FACTORS OTHER THAN THE ...


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