Cunningham Enterprises, Inc. v. Vowell
| Docket Number: | 2005-WC-01261-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-08-2006 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Interlocutory order Judge(s) Concurring: LEE AND MYERS, P.JJ., SOUTHWICK, IRVING, CHANDLER, BARNES, ISHEE AND ROBERTS, JJ. Judge(s) Concurring Separately: Southwick, J., joined by Chandler, Griffis, Barnes and Roberts, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 05-31-2005 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Henry L. Lackey Disposition: DISMISSED FOR LACK OF JURISDICTION. Case Number: M2004-522 |
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| Party Name: | Attorney Name: | |||
| Appellant: | CUNNINGHAM ENTERPRISES, INC. D/B/A
CAMPBELL’S GLASS WINDOW & DOOR
COMPANY, A MEMBER OF THE BCAM SELFINSURERS’
FUND |
MICHAEL REED MARTZ, ANDREW DAVID SHULL |
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| Appellee: | Cary A. Vowell | STEPHEN L. HENNING |
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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. |
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| Topic: | Workers’ compensation - Interlocutory order |
| Summary of the Facts: | Cary Vowell filed a petition to controvert on May 27, 2003. On April 23, 2004, Vowell filed a motion with the Commission to compel medical benefits. The administrative judge law granted Vowell’s motion to compel medical benefits. Cunningham Enterprises, Inc. appealed the administrative law judge’s decision to the Full Commission. The Commission dismissed Cunningham’s appeal stating that it did not meet any of the criteria for review of interlocutory orders by administrative law judges and remanded to the administrative law judge for further proceedings. Cunningham appeals. |
| Summary of Opinion Analysis: | Interlocutory orders by the Workers’ Compensation Commission are not appealable. Since the Commission has issued no final order, the circuit court was without jurisdiction to hear the appeal and appropriately dismissed the case. |
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