Harper v. Cal-Maine Foods, Inc.
| Docket Number: | 2008-CT-00529-SCT Linked Case(s): 2008-CA-00529-SCT ; 2008-CA-00529-COA ; 2008-CA-00529-COA ; 2008-CT-00529-SCT ; 2008-CT-00529-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-17-2010 Opinion Author: Dickinson, J. Holding: Court of Appeals reversed; Circuit court reinstated and affirmed |
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| Additional Case Information: |
Topic: Workers' compensation - Bad faith claim - Statute of limitations - Section 15-1-49 - Section 71-3-51 Judge(s) Concurring: Waller, C.J., Carlson, P.J., Lamar and Chandler, JJ. Dissenting Author : Graves, P.J., Dissents With Separate Written Opinion Dissent Joined By : Randolph, Kitchens and Pierce, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - OTHER Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 02-28-2008 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: The Circuit Court granted Cal-Maine's motion for summary judgment. The Court of Appeals reversed, holding that the statute of limitations began to run only after Mississippi Code Section 71-3-51's thirty-day appeal period lapsed. Case Number: 2006-28 |
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| Note: | This opinion reverses a previous judgment by the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO56409.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Robin Harper, Individually and on Behalf of Reijah Harper, a Minor |
MICHAEL M. WILLIAMS |
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| Appellee: | Cal-Maine Foods, Inc. | ANDY LOWRY, ROBERT P. THOMPSON, JANET G. ARNOLD, CARYN LYNNE MILNER | ||
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 - Bad faith claim - Statute of limitations - Section 15-1-49 - Section 71-3-51 |
| Summary of the Facts: | At the time of his death, Ricky Harper was employed by Cal-Maine as a supervisor at a chicken-breeding farm. Cal-Maine assigned Ricky a vehicle that he was allowed to use at his discretion. Ricky normally worked from 7:00 a.m. to 3:30 p.m. and would sometimes be called to work additional hours in emergency situations. On December 1, 2000, Ricky completed his workday at approximately 3:45 p.m. and proceeded home. While en route, Ricky was shot and killed after stopping on Bush Bottom Road. Rickey’s wife, Robin, individually and on behalf of the couple’s son, filed a petition to controvert with the Mississippi Workers' Compensation Commission. An administrative law judge found that Ricky's death was work related. The ALJ awarded Robin a lump-sum payment of $250 and found that Robin and her son were entitled to receive reasonable funeral expenses, not to exceed $2,000. The ALJ also awarded Robin benefits of $289.43 per week and ordered that the benefits commence on December 1, 2000, and continue for 450 weeks. However, should Robin die or remarry during the 450-week period, her son would receive benefits of $96.48 per week for the remainder of the 450-week period. Cal-Maine appealed to the full Commission which affirmed. Cal-Maine did not appeal and paid the benefits in 2003. In 2006, Robin filed a complaint against Cal-Maine, alleging bad faith for failing to timely pay workers' compensation benefits as required by statute. Cal-Maine filed a motion for summary judgment which the court granted. Robin appealed, and the Court of Appeals reversed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Because Mississippi has no statute of limitations specific to bad-faith mishandling of a worker’s compensation claim, section 15-1-49, the three-year catchall statute of limitations, applies. The Court of Appeals correctly noted that, under Mississippi law, claimants are required to exhaust their administrative remedies, i.e., obtain final judgment from the Commission prior to instituting a bad-faith action for failure to pay benefits pursuant to the Workers’ Compensation Act. Absent some argument for tolling, the statute of limitations for a bad-faith claim against an employer or insurance company for failure to pay benefits begins to run when the Commission renders final judgment. Thus, the question becomes when an award of the Commission becomes final. The issue is controlled by section 71-3-51 which provides that the final award of the commission shall be conclusive and binding unless either party to the controversy shall, within thirty days from the date of its filing in the office of the commission and notification to the parties, appeal therefrom to the circuit court of the county in which the injury occurred. In this case, the Court of Appeals found that, because the Commission's order was appealable, it was not final. However, no citation of authority is required for the proposition that, unless and until an order or judgment is final, it cannot be appealed. Thus, it would be inconsistent to say that appealable orders are not final. Since no party appealed, the “unless” qualifier in section 71-3-51 is irrelevant, and according to the statute’s very specific, unambiguous language, the Commission’s award was “final” and “conclusive and binding.” Because this suit was filed more than three years after the Commission’s award, it is time-barred. |
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