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Huey v. RGIS Inventory Specialists

Court of Appeals of Mississippi

April 1, 2014

GEORGE HUEY, APPELLANT
v.
RGIS INVENTORY SPECIALISTS AND FIDELITY & GUARANTY INSURANCE COMPANY, APPELLEES

TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION. DATE OF JUDGMENT: 01/24/2013 TRIBUNAL DISPOSITION: AFFIRMED THE ORDER OF THE ADMINISTRATIVE JUDGE DENYING APPELLANT'S REQUEST FOR BENEFITS UNDER THE MISSISSIPPI WORKERS' COMPENSATION ACT.

FOR APPELLANT: JERALD DEWAYNE CRAWFORD, TRENT L. WALKER.

FOR APPELLEES: JEFFREY STEPHEN MOFFETT, JEREMY THOMAS ENGLAND.

BEFORE IRVING, P.J., ROBERTS AND JAMES, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. LEE, C.J., DISSENTS WITH SEPARATE WRITTEN OPINION.

OPINION

Page 1146

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

ROBERTS, J.:

[¶1] George Huey appeals the judgment of the Mississippi Workers' Compensation Commission (the Commission) finding that

Page 1147

he is not entitled to workers' compensation benefits because he had deviated from the course and scope of his employment when he was injured. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

[¶2] On January 19, 2009, Huey was driving from Jackson, Mississippi, to Manchester, Tennessee, for his employer, RGIS Inventory Specialists. At approximately 6 a.m., Huey was driving through Livingston, Alabama, on Interstate 59/20. As Huey changed lanes, he nearly collided with Edwin Crawley's 1994 BMW. Crawley swerved off of the interstate into the median, but he managed to regain control of his car. Huey continued toward his destination.

[¶3] After Crawley regained control of his car, he began pursuing Huey. According to Huey's testimony before the administrative judge (AJ), it took Crawley approximately ten to fifteen minutes to catch up to him. Crawley passed Huey and moved into Huey's lane. Crawley then slowed down and forced Huey to stop his van. The record indicates that Huey and Crawley were stopped either partially or entirely in the right lane of the interstate. It is undisputed that Huey had enough room to drive around Crawley's car. When he testified before the AJ, Huey said that he was looking for the button to activate his flashers, and he had not come to a complete stop, when he was struck from behind by an eighteen-wheeler truck.[1] Huey injured his back in the collision.

[¶4] Alabama State Trooper Keith Wilson responded to the scene. According to Trooper Wilson, Crawley told him that Huey had been speeding past him and then slamming on his brakes. Crawley added that Huey had done so " for several miles." However, Huey told Trooper Wilson that Crawley had been doing the same thing to him. That is, Huey said that Crawley had been passing him, and then Crawley had been slamming on his brakes while he had been driving in front of Huey. Trooper Wilson later ...


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