PERFORMANCE TIRE & WHEEL, INC. v. RHOADS

No. 2012-WC-01189-COA.

113 So.3d 1262 (2013)

PERFORMANCE TIRE & WHEEL, INC. and Association Casualty Insurance Company, Appellants v. Albert RHOADS, Appellee.

Court of Appeals of Mississippi.

April 23, 2013.


Attorney(s) appearing for the Case

Daniel M. Baker , Jackson, attorney for appellants.

James Kenneth Wetzel , Garner James Wetzel , Gulfport, attorneys for appellee.

Before LEE, C.J., CARLTON and MAXWELL, JJ.


LEE, C.J., for the Court:

¶ 1. This appeal addresses the sole issue of whether Albert Rhoads's injury arose out of the course and scope of his employment. The administrative judge (AJ) found that the injury was within the course and scope of Rhoad's employment, and the Mississippi Workers' Compensation Commission (the Commission) affirmed the AJ's order.

FACTS AND PROCEDURAL HISTORY

¶ 2. Rhoads began working for Performance Tire & Wheel...

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