Kukor v. Northeast Tree Serv., Inc.
| Docket Number: | 2007-WC-01783-COA Linked Case(s): 2007-WC-01783-SCT ; 2007-WC-01783-COA ; 2007-WC-01783-COA ; 2007-CT-01783-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-21-2008 Opinion Author: CHANDLER, J. Holding: Reversed and Remanded to Workers Comp Commission |
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| Additional Case Information: |
Topic: Workers’ compensation - Interlocutory order Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Non Participating Judge(s): IRVING, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION |
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| Trial Court: |
Date of Trial Judgment: 09-14-2007 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: ORDER OF MISSISSIPPI WORKERS' COMPENSATION COMMISSION FINDING NORTHEAST TREE SERVICE, INC., AND LIBERTY MUTUAL INSURANCE COMPANY LIABLE FOR APPELLANT'S INJURIES AFFIRMED Case Number: 2007-239(c) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MICHAEL KUKOR |
JOHN HUNTER STEVENS |
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| Appellee: | NORTHEAST TREE SERVICE, INC., LIBERTY MUTUAL INSURANCE COMPANY, JAY'S SERVICE COMPANY AND FIRST COMP INSURANCE COMPANY | WILLIAM BIENVILLE SKIPPER, ROBERT J. ARNOLD, DONALD V. BURCH, ROBERT LEE GRANT, LINDSAY ERIN VARNADOE |
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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: | Michael Kukor’s work consisted of performing tree-trimming services and debris removal. He sustained an admittedly compensable injury from his fall from a tree while performing tree-trimming services. Kukor's supervisor was Jim Albritton, who owned both Northeast Tree Service and Jay's Service Company. Albritton testified that Northeast provided tree-trimming services, and Jay's provided debris removal. The two companies had separate workers' compensation insurers, with Northeast paying higher rates to insure the high-risk work of its tree climbers. Kukor received paychecks from both companies. The administrative law judge found Kukor to be permanently, totally disabled. The administrative law judge also found that because Kukor really worked for one employer, Jay's and Northeast were jointly and severally liable for Kukor's work-related injury. The Commission reversed and remanded. The Commission found that Jay's and Northeast were separate employers and that, although Kukor was employed by both, he was in the course and scope of his employment with Northeast at the time of his injury. As to the extent of Kukor's permanent disability, the Commission determined that Kukor was not totally disabled, but he had sustained a seventy-five percent loss of wage-earning capacity. The Commission remanded the case to the administrative law judge for "the purpose of receiving evidence sufficient to determine the average weekly wage of a person employed by Northeast in the same grade as Mr. Kukor, and fixing his benefits accordingly." The Commission encouraged the parties to stipulate to Kukor's average weekly wage in lieu of further proceedings before the administrative law judge. Kukor filed a notice of appeal to circuit court, complaining that no stipulation had been made and expressing his intent to appeal from whatever portion of the Commission's order constituted a final agency decision. The circuit court affirmed the Commission's order. Kukor appeals. |
| Summary of Opinion Analysis: | Where the Commission, on review of a decision of its hearing officer, enters an order remanding the case to the administrative judge for further proceedings or testimony, the order is interlocutory only and is not appealable. The Commission's order under review by the circuit court remanded the case to the administrative law judge for a determination of Kukor's average weekly wage and a final determination of benefits. Therefore, the order was interlocutory and not a final, appealable order. The case is remanded to the Commission for rendition of the proceedings that already have been ordered by that agency. |
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