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PERS v. SMITH

No. 2002-CC-01026-COA.

880 So.2d 348 (2004)

The PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Appellant, v. Willie SMITH, Appellee.

Court of Appeals of Mississippi.

Certiorari Denied July 29, 2004.

Attorney(s) appearing for the Case

Mary Margaret Bowers, attorney for appellant.

George S. Luter, Jackson, attorney for appellee.

EN BANC.

MODIFIED OPINION ON MOTION FOR REHEARING

GRIFFIS, J., for the Court.

¶ 1. The Appellee's motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted.

¶ 2. Willie E. Smith, Jr. sought hurt-on-the-job disability benefits from the Public Employee's Retirement System ("PERS"). The Medical Board denied the claim and the denial was upheld by the Disability Appeals Committee and the Board of Trustees affirmed...

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