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BRYAN FOODS, INC. v. EWING

No. 2011-WC-01194-COA.

127 So.3d 280 (2013)

BRYAN FOODS, INC., Appellant/Cross-Appellee v. Tommy L. EWING, Appellee/Cross-Appellant.

Court of Appeals of Mississippi.

Rehearing Denied October 1, 2013.

Certiorari Denied December 12, 2013.

Attorney(s) appearing for the Case

James C. Helveston , West Point, attorney for appellant.

Lawrence J. Hakim , Batesville, attorney for appellee.

EN BANC.

CARLTON, J., for the Court:

¶ 1. Tommie L. Ewing worked for Bryan Foods Inc. for approximately twenty years. Following an injury to his back and leg, Ewing left his position in 2000. After filing an initial petition to controvert in 2000 and a second petition to controvert in 2001, the administrative judge (AJ) dismissed Ewing's claims for failure to prove by a preponderance of the evidence that his injuries were work-related. The AJ's

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