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Rice v. Burlington Motor Carriers3/11/2003
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED - 03/11/2003
. Randall W. Rice filed a petition to controvert with the Mississippi Workers' Compensation Commission seeking disability benefits after he suffered an injury to his back while in the course of his employment with Burlington Motor Carriers, Inc. (hereafter "Burlington"). The Commission dismissed Rice's petition for lack of jurisdiction. Rice appealed to the Circuit Court of Pontotoc County and that court affirmed the Commission's decision. Rice has now appealed the circuit court's decision to this Court. There is no dispute as to the operative facts of the case. The issue of jurisdiction thus becomes a pure question of law. After a de novo review of the issue of law decided by the Commission, we find no error and, therefore, affirm the dismissal of Rice's claim for lack of jurisdiction.
. In 1997, Rice was a resident of Pontotoc County when he enrolled in a truck driver training school located in Nashville, Tennessee. During the course of his training, Rice was conditionally offered employment by Burlington; the conditions being that he satisfactorily complete the training regimen in Tennessee and report to Burlington's facility in Indiana for a physical examination and additional training. After passing the physical exam and completing the supplemental training, Rice was dispatched by Burlington on actual trucking runs under the supervision of a more experienced driver referred to by Rice as his "trainer." Rice completed the first trip that originated in Indiana, and was dispatched from the same location on a second trip for a delivery in Pennsylvania. It was during this second trip that Rice suffered the back injury that is the subject of this claim. The injury occurred in the State of Pennsylvania. After several days of unsatisfactory recuperation, Rice returned to Mississippi where he underwent extensive medical treatment including back surgery. Rice never returned to his duties with Burlington.
. Burlington contested the jurisdiction of the Mississippi Workers' Compensation Commission to award compensation benefits under the facts of this case, arguing that there was an insufficient nexus between this state and the circumstances of both Rice's employment and his work-related injury to permit the Commission to determine Rice's claim. The Commission agreed and dismissed Rice's petition on that basis without reaching the underlying merits of his claim for benefits.
. Because the injury in this case occurred outside the geographical boundaries of this state, the only manner in which Mississippi's Compensation Commission could obtain jurisdiction of Rice's claim is found in Section 71-3-109(1) of the Mississippi Code. That section provides, in part, as follows:
If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of his employment while temporarily employed outside of this state, he or his dependents in case of his death shall be entitled to compensation according to the law of this state. Miss. Code Ann. ยง 71-3-109(1) (Rev. 2000).
. In the case now before us, it is uncontradicted that Rice was offered employment by Burlington while he was in Tennessee attending a driver's training course and that he was ultimately hired in the state of Indiana. In fact, as a part of the hiring process, Rice signed an agreement that, if hired, he agreed "to be bound by the Indiana Worker's Compensation Act for any and all injuries . . . which I may claim are related to my employment with Burlington Motor Carriers." There is no contention that, during the brief cou
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