Univ. of Southern Miss., et al. v. Gillis
| Docket Number: | 2002-WC-02038-COA Linked Case(s): 2002-CT-02038-SCT ; 2002-WC-02038-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 12-16-2003 Opinion Author: CHANDLER, J. Holding: Reversed and Rendered |
|
| Additional Case Information: |
Topic: Workers’ compensation - Jurisdiction - M.R.C.P. 58 - M.R.A.P. 4(a) & (h) - Statute of limitations - Section 71-3-35(1) Judge(s) Concurring: McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, IRVING, MYERS AND GRIFFIS, JJ., CONCUR. Procedural History: Jury Trial Nature of the Case: CIVIL - WORKERS' COMPENSATION |
|
| Trial Court: |
Date of Trial Judgment: 11-18-2002 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: THE DECISION OF THE WORKERS' COMPENSATION COMMISSION REVERSED |
|
| Party Name: | Attorney Name: | |||
| Appellant: | THE UNIVERSITY OF SOUTHERN MISSISSIPPI, AND MISSISSIPPI INSTITUTIONS OF HIGHER
LEARNING, SELF-INSURED |
JOSEPH T. WILKINS |
||
| Appellee: | DAWN P. GILLIS | ORVIS A. SHIYOU |
|
|
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
|
| Topic: | Workers’ compensation - Jurisdiction - M.R.C.P. 58 - M.R.A.P. 4(a) & (h) - Statute of limitations - Section 71-3-35(1) |
| Summary of the Facts: | Dawn Gillis worked for the University of Southern Mississippi in the capacity of a counselor and teacher. She contends that she was forced to quit her job because her medical conditions were aggravated by the work environment at USM. The administrative judge denied benefits, and the Full Commission affirmed. Gillis appealed to circuit court which first affirmed the decision and then later reversed it. USM appeals. |
| Summary of Opinion Analysis: | Issue 1: Jurisdiction USM argues the circuit court lost jurisdiction over the matter when Gillis failed to timely appeal the first ruling which denied compensation benefits. Pursuant to M.R.C.P. 58, a judgment becomes effective the date it is entered on the general docket of the clerk of court. The circuit court’s judgment denying Gillis compensation benefits was entered on the court’s docket on November 14, 2001. Gillis had thirty days to appeal the order. She failed to file an appeal within thirty days of the circuit court’s order as required by M.R.A.P. 4(a). Her time to file a motion for an out-of-time appeal under M.R.A.P. 4(h) expired on May 16, 2003. Therefore, the circuit court was without jurisdiction when it issued all orders subsequent to the first order. Issue 2: Substantial evidence Assuming that the circuit court retained jurisdiction over the matter, there was substantial evidence to support the decision of the Full Commission denying benefits to Gillis. The Full Commission based its decision to deny compensation on Gillis’ failure to file a claim within two years as required by section 71-3-35(1). The decision was based on substantial evidence in the record. Therefore, the order of the circuit court which affirmed the decision of the Full Commission is reinstated. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
