James v. Bowater Newsprint
| Docket Number: | 2007-WC-00817-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-27-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Statute of limitations - Section 71-3-35(1) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 04-25-2007 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: AFFIRMED THE DECISION OF THE ADMINISTRATIVE LAW JUDGE THAT APPELLANT’S PETITION TO CONTROVERT WAS FILED AFTER THE EXPIRATION OF THE STATUTE OF LIMITATIONS Case Number: 2006-461-CVM |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | SAMUEL DAVID JAMES |
CARLOS EUGENE MOORE |
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| Appellee: | BOWATER NEWSPRINT AND TRAVELERS INSURANCE COMPANY | FRANKLIN WILLIAMS | ||
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 - Statute of limitations - Section 71-3-35(1) |
| Summary of the Facts: | In 1994, Samuel James slipped in oil and fell while working for Bowater Newsprint South, Inc. In June 2005, James filed a petition to controvert with the Mississippi Workers’ Compensation Commission and claimed he had compensable injuries to his back and his left hip. The administrative law judge found that James’ claim was time-barred. The full Commission affirmed. The circuit court also affirmed. James appeals. |
| Summary of Opinion Analysis: | James argues that his petition to controvert is not barred by the statute of limitations. Section 71-3-35(1) provides that regardless of whether notice was received, if no payment of compensation (other than medical treatment or burial expense) is made and no application for benefits filed with the commission within two years from the date of the injury or death, the right to compensation shall be barred. James fell at work in August 1994. During his deposition, he testified that he heard a “pop” and felt a burning sensation in his hip. Arguably, he should have known that he suffered a compensable injury in August 1994. In 1998, Dr. Lamar detailed that James had avascular necrosis in his left hip. According to Dr. Lamar, James’s avascular necrosis was due to his August 1994 fall. At a minimum, James knew or reasonably should have known that he suffered a compensable injury as of 1998. |
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