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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 96-CA-00541 COA MISSISSIPPI EMPLOYMENT SECURITY COMMISSION AND WILLIAM T. DAVES v. YAZOO VALLEY OIL MILL, INC. APPELLANTS

APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED: ATTORNEY FOR APPELLANTS: ATTORNEY FOR APPELLEE: NATURE OF THE CASE: 04/26/96 HON. BETTY W. SANDERS LEFLORE COUNTY CIRCUIT COURT JAN D. GARRICK HENRY DONALD BROCK, JR. CIVIL - STATE BOARDS AND AGENCIES (OTHER THAN WORKER'S COMPENSATION) DENIAL OF UNEMPLOYMENT BENEFITS TO DAVES REVERSED AND BENEFITS REINSTATED 12/16/97

TRIAL COURT DISPOSITION: DISPOSITION: MOTION FOR REHEARING FILED: CERTIORARI FILED: MANDATE ISSUED:

2/4/98

BEFORE THOMAS, P.J., COLEMAN, AND HINKEBEIN, JJ. THOMAS, P.J., FOR THE COURT: William T. Daves filed a claim for unemployment benefits pursuant to the Mississippi Employment Security Law. The claims examiner disqualified Daves for benefits on the ground that Daves left work voluntarily without good cause. Daves appealed, and the appeals referee entered a finding of fact and opinion that Daves left his job voluntarily but with good cause after being physically assaulted by his supervisor at Yazoo Valley Oil Mill, Inc. Yazoo Valley appealed to the Mississippi Employment Security Commission board of review which affirmed the decision of the appeals referee. Yazoo then appealed to the Circuit Court of Leflore County which reversed the board of review's decision. The Commission and Daves appeal to this Court and assert the following issues as

error: I. WHETHER THE UNPROVOKED PHYSICAL ASSAULT OF AN EMPLOYEE BY HIS SUPERVISOR IS "GOOD CAUSE" FOR THE EMPLOYEE TO LEAVE WORK WITHIN THE MEANING OF MISS. CODE ANN.

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