Oral arg. – COA – Sept. 4, 2017

At 1:30 the COA will hear the case of Dalton Ray Stewart v. Dynamic Environmental Service, LLC and HDI- Gerling  Insurance Company.  This is a workers comp case.  Stewart was working for Dynamic Environmental when he was injured when the car he was driving for his employer rolled over in Reagan County Texas.   The only dispute here is whether this Mississippi has jurisdiction.  The AJ and the Commission agreed with Dynamic that Stewart was hired in Texas to work in Texas for Dynamic. Stewart worked for Dynamic twice.  The first time, he was invited to apply for a job by a  Dynamic employee who lived in Morton. Stewart  was given a physical examination at an
MEA Medical Clinic in Pearl, Mississippi. He then began working as a truck driver  and primarily drove within the State of Texas.  In 2013 he quit and returned to Mississippi. In 2014 he applied for rehire  and completed his pre-employment paperwork, drug testing and background check in Charlotte, Texas.  He was rehired to drive trucks in Texas. According to Dynamic, Stewart originally filed his claim in Texas but became dissatisfied with the designated doctor’s report, he filed a claim in Mississippi.

Stewart brief

Dynamic Environmental Brief

Stewart reply

Watch the argument here

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