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FRITO-LAY, INC. v. LEATHERWOOD

No. 2004-WC-01223-COA.

908 So.2d 175 (2005)

FRITO-LAY, INC. and Continental Casualty Company (CNA Insurance Companies), Appellants v. James LEATHERWOOD, Appellee.

Court of Appeals of Mississippi.

July 26, 2005.

Attorney(s) appearing for the Case

Dennis W. Voge, Tupelo, attorney for appellants.

B. Sean Akins, Ripley, attorney for appellee.

Before BRIDGES, P.J., CHANDLER and ISHEE, JJ.

CHANDLER, J., for the Court.

¶ 1. James Leatherwood, a delivery truck driver for Frito-Lay, injured his back in August of 1999 after performing yard work. He visited two doctors, including a neurosurgeon, who concluded that Leatherwood had a ruptured disc in his lower back. His neurosurgeon eventually recommended surgery. Although he was in pain, he continued to work.

¶ 2. On December 13, 1999, Leatherwood was making a delivery when he slipped from...

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