ROAD MAINTENANCE SUPPLY v. DEP. OF MAXWELL

No. 55654.

493 So.2d 318 (1986)

ROAD MAINTENANCE SUPPLY, INC. and Western Casualty & Surety Company, v. DEPENDENTS OF James L. MAXWELL, Jr., Deceased.

Supreme Court of Mississippi.

Rehearing Denied September 17, 1986.


Attorney(s) appearing for the Case

Joseph L. McCoy, McCoy, Wilkins, Noblin, Anderson & Stephens, Jackson, for appellant.

William S. Lawson, Tupelo, Thomas J. Lowe, Jr., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and ROBERTSON and ANDERSON, JJ.


ROBERTSON, Justice, for the Court:

I.

This workers' compensation death benefits case calls for a sensitive application of the familiar "found dead" presumption. The Mississippi Workers' Compensation Commission, adopting the opinion of the Administrative Judge, found that the deceased died at a place where his duties required him to be during his regular hours of work and that the cause of his death was unexplained and unknown. The Commission thus applied...

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