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That a Mississippi patrol officer failed to wear his seatbelt and accelerated his police cruiser to more than 90 mph in the twelve seconds prior to his single-vehicle accident, was insufficient to show that the officer willfully acted with the intent to injure himself under the provisions of Miss. Code Ann. § 71–3–7(4) (Supp. 2016). The appellate court cited the officer’s testimony that he and several fellow officers were separately responding to a distress call from a fellow officer at the time of the accident. The court agreed that the officer’s actions may have been unwise, but they did not evidence willful intent to injure himself.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See City of Jackson v. Brown, 2017 Miss. App. LEXIS 382 (June 27, 2017)
See generally Larson’s Workers’ Compensation Law, § 38.06.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law