MWCC NO. 94-00821-G-6667

W. G. SHOWAH                                                                                                                                    CLAIMANT

vs.

CHEVRON PRODUCTS COMPANY,
A DIVISION OF CHEVRON U. S. A., INC.                                                                                      EMPLOYER
SELF-INSURED

APPEARING FOR CLAIMANT:
Hon. W. Harvey Barton, Attorney at Law, Pascagoula, Mississippi

APPEARING FOR THE DEFENDANT:
Hon. Patrick R. Buchanan, Attorney at Law, Biloxi, Mississippi
 

The Commission heard the above styled cause on July 24, 2000 in the offices of the Mississippi Workers' Compensation Commission in Jackson, Mississippi on Employer/Carrier's for Review by Full Commission".

Having heard the arguments offered on behalf of the parties and having thoroughly studied the record and the applicable law, the Commission affirms the "Order of Administrative Judge" dated April 26, 2000.

SO ORDERED, this the 25th day of 2000.

MISSISSIPPI WORKERS' COMPENSATION COMMISSION
BY: Ben Smith
Barney Schoby
COMMISSIONERS

ATTEST:
Brenda H. Goolsby, Secretary
___________________________

MWCC NO. 9400821-G-6667-D

W.G. SHOWAH                                                                                                                                   CLAIMANT

vs.

CHEVRON PRODUCTS COMPANY,
A DIVISION OF CHEVRON U.S.A. INC.                                                                                     DEFENDANT
 

HAVING COME BEFORE THE COMMISSION this date in the above styled action on Self-insured Employer's Motion to Dismiss and the Commission being advised in the premises and having jurisdiction over the parties and the subject matter and having reviewed the pleadings filed and entertained the arguments of respective counsel for the Self-insured Employer and the Claimant does find as follows:

The Claimant, in opposing the Self-Insured Employer's Motion to Dismiss has relied on Ingalls Shipbuilding Corp. v. Dependents of Harris, 187 So. 2d 886 (Miss. 1966).

IT IS THEREFORE ORDERED AND ADJUDGED that the Self-Insured Employer's Motion to Dismiss is denied.

IT IS FURTHER ORDERED AND ADJUDGED that the Claimant is granted leave to amend the original Petition to Controvert at such time as Mr. Showah's, widow is appointed Executrix of his estate.

IT IS FURTHER ORDERED AND ADJUDGED that the parties had, by agreement, agreed to stay any discovery pending resolution of this Motion and that with the filing of this Order the case will now be placed on the active docket as regards to discovery and that the parties will have 120 days from the date of the entry of this Order in which to complete their discovery.

SO ORDERED, this the 26th day of April, 2000.

MELBA DIXON
ADMINISTRATIVE LAW JUDGE

APPROVED AS TO FORM:
PATRICK R. BUCHANAN, ATTORNEY
FOR SELF-INSURED EMPLOYER

PRESENTED TO THE COURT BY:
W. HARVEY BARTON, ATTORNEY
FOR CLAIMANT

ATTEST:
Brenda H. Goolsby, Secretary