Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company.(August, 2009)

Sandra T. Doty recently received a favorable opinion from the Mississippi Court of Appeals involving a workers compensation matter. The Court of Appeals affirmed the lower courts dismissal of the claim for Claimants failure to file a pre-hearing statement. The basis of the finding was that the Claimant did not satisfy the burden set forth by 71-3-53 in establishing that a mistake in determination of fact was present which would warrant the reinstatement of the case. This finding was affirmed by the Mississippi Supreme Court on February 4, 2010.