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[T] West v. S & S Timber Co.

July 21, 1998

JAMES LAMAR WEST, APPELLANT
v.
S & S TIMBER COMPANY AND MISSISSIPPI LOGGERS ASSOCIATION, SELF INSURED FUND, APPELLEES



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J., For The Court:

West v. S&S Timber Company, et al, 97-CC-00127-COA

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

DATE OF JUDGMENT: 01/14/97

TRIAL JUDGE: HONORABLE LARRY EUGENE ROBERTS

COURT FROM WHICH APPEALED: WAYNE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: DECISION RENDERED BY THE ADMINISTRATIVE LAW JUDGE AND AFFIRMED BY THE WORKERS' COMPENSATION COMMISSION TO DENY DISABILITY BENEFITS IS AFFIRMED.

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

James Lamar West was denied disability benefits by the Mississippi Workers' Compensation Commission, a decision which was upheld by the Wayne County Circuit Court on appeal. West appeals alleging that the Commission improperly denied his petition for disability benefits based on an improper finding that his brain tumor was not caused or aggravated by the head injury he received in the accident that occurred on September 22, 1994. We disagree and affirm.

FACTS

James Lamar West, a thirty-eight-year-old truck driver, alleges the following events. On September 22, 1994, he was driving his eighteen-wheeler through a triple "S" curve near Lucedale, Mississippi, when he met an on-coming log truck. He was forced to steer partially off of the roadway. This caused the truck to veer both right and left, throwing the wood off of the truck. West claims that he hit his head inside the cab of the truck. He was carried by ambulance to Lucedale Hospital and from there to USA Medical Center ...


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