AirTran, Inc., and Amer. Mfrs. Ins. Co. v. Byrd
| Docket Number: | 2006-CT-00674-SCT Linked Case(s): 2006-WC-00674-COA ; 2006-CT-00674-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 10-11-2007 Opinion Author: SMITH, C.J. Holding: ORDER DENYING PENALTIES IS VACATED; THE JUDGMENT OF THE COURT OF APPEALS IS REVERSED AND REMANDED |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-07-2007 |
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| Additional Case Information: |
Topic: Workers’ compensation - Statutory penalties - Section 11-3-23 Judge(s) Concurring: WALLER AND DIAZ, P.JJ., EASLEY, CARLSON, DICKINSON, RANDOLPH AND LAMAR, JJ. Concurs in Result Only: GRAVES, J. Procedural History: Admin or Agency Judgment Nature of the Case: CIVIL - WORKERS' COMPENSATION Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 04-04-2006 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: Affirmed judgment of the Commission Case Number: A2401-2005-244 |
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| Note: | This case arises from an employer’s appeal from an award of benefits by the Mississippi Workers’ Compensation Commission. After the judgment of the Commission was unconditionally affirmed by the Harrison County Circuit Court and the Court of Appeals, Pamela Byrd moved for statutory penalties pursuant to Mississippi Code Annotated Section 11-3-23. Although this section was repealed by the Legislature in 2002, the applicable savings clause provides that the repeal applies to causes of action filed on or after January 1, 2003. Miss. Code. Ann. § 11-3-23 (Rev. 2002). The Court of Appeals denied Byrd’s motion. We find that Byrd’s filing of a Petition to Controvert with the Mississippi Workers’ Compensation Commission on July 20, 2001, constitutes a cause of action for the purposes of the savings clause and that Byrd is entitled to statutory penalties. Accordingly, we vacate the Court of Appeals’ order denying penalties and reverse and remand for action consistent with this opinion. The original COA opinion can be found at http://courts.ms.gov/Images/Opinions/CO40172.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | AIRTRAN, INC., AND AMERICAN
MANUFACTURERS INSURANCE COMPANY |
WILLIAM BIENVILLE SKIPPER |
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| Appellee: | PAMELA BYRD | FLOYD J. LOGAN |
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| Topic: | Workers’ compensation - Statutory penalties - Section 11-3-23 |
| Summary of the Facts: | After falling at work, Pamela Byrd sought workers’ compensation benefits from her employer AirTran and its carrier American Manufacturers Mutual Insurance Company for injuries to her neck, lower back, left and right shoulders, as well as the onset of fibromyalgia and vascular necrosis. AirTran denied benefits for her shoulders and lower back. Byrd filed a Petition to Controvert, and the administrative law judge awarded compensation for the injuries to her neck, right shoulder, and lower back. AirTran appealed, and the full Commission affirmed. The circuit court affirmed on appeal as did the Court of Appeals. Byrd moved the Court of Appeals for an award of statutory penalties pursuant to section 11-3-23. The Court of Appeals denied Byrd’s motion. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | In 2002, the Mississippi Legislature repealed section 11-3-23 by passage of the Civil Justice Reform Act which “shall take effect and be in force from and after January 1, 2003, and shall apply to all causes of action filed on or after that date.” Relying on Superior Car Rental v. Roberts, 871 So. 2d 1286 (Miss. 2004), AirTran argued that Byrd’s motion for penalties should be denied as it was not commenced in a trial court until AirTran made its appeal of the award of benefits to the circuit court on September 28, 2005. In Roberts, the Court found that, pursuant to the savings clause in the Act, the repeal of section 11-3-23 applies to all cases commenced in a trial court on or after January 1, 2003, but cases which were filed in a trial court before January 1, 2003, are still subject to the statute. However, unlike this case, the appellees in Roberts could only “commence” their action in the trial court. Pamela Byrd was required by law to file her cause of action in the form of a Petition to Controvert with the Mississippi Workers’ Compensation Commission. Therefore, Byrd’s filing of the Petition “commenced” the “cause of action” for the purposes of section 11-3-23. Section 11-3-23 is applicable to AirTran’s unsuccessful appeal, and penalties should be assessed. |
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