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TYSON FOODS, INC. v. HILLIARD

No. 2000-WC-00095-COA.

772 So.2d 1103 (2000)

TYSON FOODS, INC., A Self-Insured Employer, Appellant, v. Carl HILLIARD, Appellee.

Court of Appeals of Mississippi.

December 12, 2000.

Attorney(s) appearing for the Case

Daniel M. Baker, Jackson; Chandra Lee, Clinton, Attorneys for Appellant.

John I. Donaldson, Yazoo City, Attorney for Appellee.

Before SOUTHWICK, P.J., IRVING, and MYERS, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. The Workers' Compensation Commission awarded temporary total disability benefits to Carl Hilliard, a former employee of Tyson Foods. Announced company policy required that an employee injured on the job submit to a drug test, but Hilliard refused. He was then terminated for misconduct. Tyson argues that this ended Hilliard's right to disability benefits. We find that Hilliard's refusal cannot be used to deny temporary disability...

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