Sam Jones Casing Crews v. Skipper's Dependents, 44467

• Citation: 199 So.2d 436
• Decision Date: 22 May 1967
• Docket Number: No. 44467,44467
• Parties: SAM JONES CASING CREWS and Untica Mutual Insurance Company, Employer/Carrier-Appellants, v. DEPENDENTS OF James SKIPPER, Deceased, Claimants-Appellees.
• Court: United States State Supreme Court of Mississippi

Page 436

199 So.2d 436

SAM JONES CASING CREWS and Untica Mutual Insurance Company, Employer/Carrier-Appellants, v. DEPENDENTS OF James SKIPPER, Deceased, Claimants-Appellees.

No. 44467.

Supreme Court of Mississippi.

May 22, 1967.

Gibbes & Graves, William S. Mullins, III, Laurel, for appellants.

Stanford Young, Waynesboro, for appellees.

PATTERSON, Justice.

James Skipper was killed in a highway accident while driving a truck which belonged to Sam Jones Casing Crews. Skipper's dependents filed a claim for death benefits under the Mississippi Workmen's Compensation Act against the employer and insurance carrier. Following a hearing, the attorney-referee awarded death benefits. On review, the Workmen's Compensation Commission reversed the order of the attorney-referee and denied benefits. The Circuit Court of the Second Judicial District of Jones County, on appeal, reversed the order of the commission and reinstated the order of the attorney-referee. From the circuit court order the employer and carrier have appealed here.

The dispositive issue in this case is whether there was substantial evidence to support the finding of the commission that Skipper was not acting within the course and scope of his employment at the time of his death.

Sam B. Jones, Jr., owner of Sam Jones Casing Crews, was in the business of installing casing and production pipe for oil wells. He testified that on the morning of September 18, 1964, he saw Skipper in Waynesboro and something was mentioned about work, but that he did not hire Skipper at that time. He said he had stopped at Club 84 near Waynesboro that evening and was playing cards and drinking beer when Skipper came in and again asked about work. Jones testified he told Skipper he needed some hands, but that Skipper lived too far from Waynesboro and that he could not drive out to pick him up since the casing jobs came at all hours of the day and night. According to Jones, Skipper said he did not have money to move to Waynesboro, but if Jones would lend him the money, he would get a room in Waynesboro and go to work for Jones. Jones testified he gave Skipper a check or note for $50 and told him to take it to a truck stop in Laurel to get in cashed, and for this purpose Skipper used a Sam Jones Casing Crew truck. While on this mission Skipper was killed in a one-vehicle accident.

Jones testified he hired Skipper that night, but that Skipper was not working at the time of the accident. Two employees of a Laurel funeral home where Skipper's body was taken, testified they had conversations with Jones in which Jones said that Skipper had been hired by him. A neighbor testified that Skipper worked for him on the day he was killed and that he did not know whether Skipper was employed by Jones.

The attorney-referee in ordering the appellants to pay death benefits to the appellees as provided by Section 9 of the Mssissippi Workmen's Compensation Act made the following findings of fact:

1. That the relationship of employer-employee existed at the time of the injury and death of the deceased, between Sam Jones Casing Crews and Jimmy Skipper, deceased;

2. That the parties were subject to the Mississippi Workmen's Compensation Act at the time of the injury;

3. That the accident causing the injury and death arose out of the employment with Sam Jones Casing Crews; and

4. That the deceased's average weekly wage was $85.

After reviewing the case, the commission entered a unanimous order reversing the order of attorney-referee, finding:

* * * (Skipper) was tentatively hired by said Sam B. Jones, Jr. to work in the oil fields contingent on his moving to Waynesboro. In order for him to move, have money to live on until pay day, and...