MS Workers Compensation Accident or Work Injury - Who Determines Witness Credibility?

by Jay Foster, Mississippi Workers Compensation Attorney

In a Mississippi Workers Compensation case, some cases go to trial. At trial, a Judge called an Administrative Law Judge will listen to the evidence. It is not a jury trial. The issue has arisen on appeal (which is after a case and concluded before the Judge) to our Appellate Courts about the credibility of witnesses. In other words, are they believeable?

The Mississippi Supreme Court and the Mississippi Court of Appeals have repeatedly held that it is not for them to determine credibility of witnesses. Instead, it is the responsibility of the Administrative Law Judges and the Mississippi Worker's Compensation Commission to determine the credibility of witnesses. Barber Seafood, Inc. v. Smith, 911 So. 2d 454, 461 (Miss. 2005) (citing Miller Transporters, Inc. v. Guthrie, 554 So. 2d 917, 918 (Miss. 1989)).

This is why it is crucial to get an experienced Mississippi Workers Compensation lawyer. The experienced lawyer will help alleviate any nervousness that you may have about going to trial and other questions you may have about it. You always want to make a good impression with the Administrative Law Judge since he or she will decide the case and they alone determine credibility.

If you have questions about this or any other Mississippi Workers Compensation Accident that happened anywhere in Mississippi, please call or email us and click here.