Roberson v. LFI Fort Pierce, Inc.
| Docket Number: | 2008-WC-00094-COA Linked Case(s): 2008-WC-00094-COA ; 2008-CT-00094-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2008 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Workers’ compensation - Timeliness of appeal - Section 71-3-47 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: 12-11-2007 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: AFFIRMED COMMISSION’S DISMISSAL OF THE APPEAL Case Number: 2007-0195 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | STEPHANIE ROBERSON |
STEPHANIE ROBERSON (PRO SE) |
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| Appellee: | LFI FORT PIERCE, INC., DEEP SOUTH TRUCKING, MISSISSIPPI INSURANCE GUARANTY ASSOCIATION AND AMERICAN INTERSTATE INSURANCE COMPANY | THOMAS LYNN CARPENTER, PHILLIP W. JARRELL | ||
| Appellee #2: | ||||
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 - Timeliness of appeal - Section 71-3-47 |
| Summary of the Facts: | Following an accident that occurred while at work, Stephanie Roberson filed a petition to controvert with the Mississippi Workers’ Compensation Commission. The administrative law judge who initially heard Roberson’s case denied benefits, and Roberson appealed. However, Roberson’s appeal was filed outside the time allowed, and the Commission dismissed her case. The Commission’s decision was affirmed by the circuit court. Roberson appeals. |
| Summary of Opinion Analysis: | Roberson argues that the court erred in failing to reverse the Commission’s decision to dismiss her appeal as untimely, because her tardiness should be excused. Section 71-3-47 states that the decision of an ALJ shall be final unless within twenty days a request or petition for review by the full commission is filed. Compliance with the section is required in order for the Commission to have jurisdiction to entertain the appeal. Roberson failed to file her appeal of the ALJ’s decision until thirty-three days later, well over the twenty-day deadline required by section 71-3-47. Roberson claims that a family emergency arose which required her to go out-of-state. Roberson’s reasons for missing the deadline are simply insufficient. |
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