161 So. 3d 1134
Miss. Ct. App.2015Background
- Applequist worked as PRR’s off‑property director of player development, a traveling role requiring frequent, often spontaneous, travel to scope competing bingo halls and promote the casino.
- On Jan. 23, 2010, after surveying three Birmingham bingo facilities (last stop Bama Bingo), Applequist and her sister left around 4 a.m. in heavy rain; their car struck a wild hog, injuring both.
- Applequist notified PRR from the hospital, was hospitalized and wore a back brace for 90 days, and continued working remotely while recovering; she later filed a workers’ compensation claim.
- PRR and its insurer argued the outing was personal (sister driving, no itinerary/reports/reimbursement sought, late filing), so the injury was outside the course and scope of employment.
- The Administrative Judge and the Mississippi Workers’ Compensation Commission credited Applequist’s testimony that she was conducting a market survey and found the injury compensable; the casino/carrier appealed.
- The Court of Appeals affirmed, holding the Commission’s finding was supported by substantial evidence and deferring to its credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injury arose out of and in the course of employment | Applequist: she was returning from a PRR market survey of competing bingo halls — travel is integral to her job | PRR: the trip was personal — sister driving, 4 a.m., no itinerary/report/reimbursement, delay in filing | Commission credited Applequist; appellate court affirmed because substantial evidence supported compensability |
| Whether traveling employee rule covers this trip | Applequist: as a traveling employee, she is covered from departure until return when travel is work‑related | PRR: the trip was a deviation/personal errand and thus not covered | Court applied Badon rule and found travel here was work‑connected and within scope |
| Whether failure to seek immediate reimbursement/report undermines claim | Applequist: hospitalization and recovery explain delay and lack of paperwork | PRR: lack of contemporaneous documentation suggests personal trip | Commission found explanations credible; delay did not negate compensability |
| Whether appellate court should reweigh credibility | Applequist: Commission is fact‑finder; its credibility calls control | PRR: appellate review should overturn if findings weak | Court reiterated deference to Commission and affirmed under substantial evidence standard |
Key Cases Cited
- M.E. Badon Refrigeration Co. v. Badon, 95 So.2d 114 (Miss. 1957) (traveling employee is within course of employment from departure until return unless on personal deviation)
- Fought v. Stuart C. Irby Co., 523 So.2d 314 (Miss. 1988) (work‑connected test: risk must be reasonably incidental to employment)
- Daniels v. Peco Foods of Miss., Inc., 980 So.2d 360 (Miss. Ct. App. 2008) (Workers’ Compensation Commission is ultimate fact‑finder; limited appellate review)
- Smith v. Johnston Tombigbee Furniture Mfg. Co., 43 So.3d 1159 (Miss. Ct. App. 2010) (substantial‑evidence standard requires affirmation when record supports Commission)
- Martinez v. Swift Transp., 962 So.2d 746 (Miss. Ct. App. 2007) (credibility determinations in compensation cases are for the Commission)