OF JUDGMENT: 03/20/2017
COMMISSION MISSISSIPPI WORKERS'
ATTORNEYS FOR APPELLANT: DAVID N. GILLIS WAYNE E. FERRELL JR.
ATTORNEYS FOR APPELLEES: JILL RENEE MILLER
LEE, C.J., GREENLEE AND WESTBROOKS, JJ.
Dalton Ray Stewart filed a motion to controvert with the
Mississippi Workers' Compensation Commission (Commission)
seeking disability benefits after he suffered an injury in an
accident while employed by Dynamic Environmental Services LLC
(Dynamic). Following discovery, Dynamic and HDI-Gerling
America Insurance Company (HDI) filed a motion to dismiss
Stewart's claim for lack of jurisdiction. The
administrative judge found that the Commission lacked
jurisdiction and dismissed Stewart's claim. Stewart
appealed the order to the full Commission. The Commission
dismissed Stewart's petition to controvert based on lack
of jurisdiction in Mississippi. Stewart timely appeals.
AND PROCEDURAL HISTORY
In 2012, Stewart was employed as a truck driver with Dynamic
at its location in Pearsall, Texas. He left briefly and
reapplied for employment as a truck driver in 2014. At all
times pertinent to this case, Dynamic's headquarters were
located in Texas. At the time, Stewart was living in
It is undisputed that Stewart contacted Chad Fullilove, an
employee with Dynamic, via Facebook, regarding employment.
Further, Stewart filled out the appropriate preemployment
paperwork and submitted to a drug test in Pleasanton, Texas.
While completing the preemployment process, Stewart stayed in
Dynamic's on-site housing in Charlotte, Texas. Sam Moak,
the safety director with Dynamic, presented a sworn affidavit
stating that the trucks were kept at Dynamic's facility
During the ninety-day probationary period, Stewart was
involved in a single-vehicle rollover accident in Raegan
County, Texas, on November 4, 2014. He received medical
treatment at a hospital in Midland, Texas. In 2015, Stewart
filed a claim for benefits under the Texas workers'
compensation administrative process and began receiving
benefits. However, Dr. Dropadi Kewairamani, the treating
physician in Texas, declared that Stewart reached maximum
medical improvement (MMI) only eight days after the accident.
Subsequently, Stewart returned to Mississippi and sought
medical treatment. Stewart asserts that he was diagnosed with
post-mild traumatic brain injury, depression, memory loss,
vertigo, postconcussion syndrome, low-back pain,
irritable-bowel syndrome, and a sleep disorder.
Stewart maintains that he was treated by another Mississippi
physician and diagnosed with traumatic brain injury and
depression, and that he had not reached MMI. As a result,
Stewart filed a motion to controvert with the Commission. The
claim was based on Stewart's injuries sustained while
driving for Dynamic on November 4, 2014.
Dynamic and HDI filed a motion to dismiss Stewart's claim
for lack of jurisdiction within Mississippi. After a hearing,
the administrative judge issued an order dismissing the claim
for lack of jurisdiction, and Stewart appealed the dismissal
to the full Commission. The Commission affirmed the ...