Cives Steel Co. Port of Rosedale, et al. v. Williams
| Docket Number: | 2003-CT-00860-SCT Linked Case(s): 2003-WC-00860-COA ; *2003-wc-00860* ; 2003-CT-00860-SCT ; 2003-WC-00860-COA |
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| Supreme Court: | Opinion Link Opinion Date: 02-24-2005 Opinion Author: Smith, C.J. Holding: Vacated and Dismissed. |
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| Additional Case Information: |
Topic: Workers’ compensation - Interlocutory appeal Judge(s) Concurring: Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Easley, J., Concurs in Result Only: Graves, J. Procedural History: Admin or Agency Judgment Nature of the Case: Worker's Comp |
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| Trial Court: |
Date of Trial Judgment: 03-21-2003 Appealed from: Bolivar County Circuit Court Judge: Larry O. Lewis Disposition: The Circuit Court of Bolivar County affirmed all three awards but remanded one issue to the Commission to reopen the case for additional testimony necessary to make the determination required by Howard Industries, Inc. v. Robinson, 846 So. 2d 245 (Miss. Ct. App. 2002) Case Number: 2002-22 |
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| Note: | This court vacates the Court of Appeals judgment, and dismiss the appeal so that proceedings may continue before the Commission as directed by the circuit court. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Cives Steel Company Port of Rosedale and Employers Insurance of Wausau, A Mutual Company |
CHRISTINE B. TATUM
ROBERT F. STACY, JR. |
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| Appellee: | Walter Williams, Jr. | WILLIAM R. STRIEBECK |
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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 appeal |
| Summary of the Facts: | While working for Cives Steel Company as an industrial painter, Walter Williams was injured when a 1,300 pound I-beam fell on his left foot. Williams filed a workers’ compensation claim against Cives. The administrative law judge found that Williams was entitled to temporary total disability benefits at the rate of $270.67 per week from November 12, 1997 to May 6, 1999; permanent partial disability benefits at the rate of $100.67 per week for 450 weeks beginning May 6, 1999; and all medical services and supplies required by the nature of his injury and in the process of his recovery. The Full Commission affirmed the decision of the administrative judge. Cives appealed, and the circuit court affirmed all three awards but remanded one issue to the Commission to reopen the case for additional testimony. Cives appealed the circuit court’s order affirming the other three awards, and the Court of Appeals reviewed this appeal on the merits and affirmed the circuit court’s ruling. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The appeal in this case is from a circuit court judgment remanding to the Commission for additional evidence. To be appealable, the order of the Commission must be a final order. The circuit court’s order remanding to the Commission to reopen this case for additional testimony was not a final judgment. Therefore, the appeal was interlocutory. |
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