Worker's Compensation

The Mississippi Supreme Court decided Smith v. Tippah County Electrical Association located here.  An electrical lineman was injured while installing electrical lines and lost both hands.  The lineman filed for worker's compensation.  The claim was denied as the employer alleged that the lineman was trying to kill himself to avoid a manslaughter charge.   The Mississippi Supreme Court reversed finding that there was insufficient proof of this and the burden was on the employer to prove this as an affirmative defense.  Ironically, the claimant is now serving a twelve (12) year prison sentence for manslaughter.  This case illustrates that mere speculation is not enough to deny the claim.