A Mississippi Appeals Court has ruled that an employee injured in a debate over music preferences with co-workers did not suffer a compensable injury for workers compensation purposes. The case is Hollis v. Acoustics, Inc., 2022 Miss. App. LEXIS 337 (Miss. Ct. App. 2022). 

Jonathan Hollis was installing an acoustics grid in a prison. Two employees, Blanks and Self,  were installing a sprinkler system in a nearby part of the prison; they were listening to Christian rap music as they worked. A workplace policy required that, should any employee find music being played offensive, the music must be turned off. Hollis did not enjoy the music and asked that it be turned off. The music was eventually turned off; though the parties agreed that the fight was over music, they each told different stories about the events leading to the fight. 

The stories agree, however, on the following: Blanks had to move Hollis's tools in order to set up a ladder to reach the sprinkler system; Blanks apologized for moving the tools, which Hollis said was okay. Hollis and Blanks were alone in the room where Hollis had been working. Blanks was on the ladder when Hollis made a comment about the Christian rap music and how he preferred country. Blanks made a derogatory comment about country music, then came down the ladder and got into a physical altercation with Hollis. During the fight, Hollis landed hard on his right knee, causing injury. He required knee surgery for multiple ligament tears and ruptures, leaving him unable to work for five months.