Britton & Koontz Bank, N.A. v. Townsend


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Docket Number: 2010-WC-00535-COA
Linked Case(s): 2010-WC-00535-COA ; 2010-CT-00535-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-01-2011
Opinion Author: King, C.J.
Holding: Dismissed.

Additional Case Information: Topic: Workers' compensation - Timeliness of appeal - Section 71-3-51 - Jurisdiction
Judge(s) Concurring: Lee, P.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Admin or Agency Judgment
Nature of the Case: CIVIL - WORKERS' COMPENSATION

Trial Court: Date of Trial Judgment: 08-24-2009
Appealed from: Adams County Circuit Court
Judge: Lillie Blackmon Sanders
Disposition: Held the Workers' Compensation Commission Could Assess Interest on Payments for Workers' Compensation Benefits
Case Number: 08-KV-0132-S

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Britton & Koontz Bank, N.A. and Amfed National Insurance Company




DANIEL PAUL CULPEPPER, JAMES M. ANDERSON



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Florence Townsend JOHN T. BALL  

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    Topic: Workers' compensation - Timeliness of appeal - Section 71-3-51 - Jurisdiction

    Summary of the Facts: The Mississippi Workers’ Compensation Commission ordered Britton & Koontz Bank and its workers’ compensation carrier, AmFed National Insurance Company, to pay Florence Townsend a lump-sum award of $90,891.47 and interest in the amount of $3,882.15. The Employer/Carrier refused to pay the interest, and the Claimant filed a motion with the Commission seeking to compel payment. The Commission ordered the payment of interest, and the Employer/Carrier appealed to circuit court which affirmed the award of interest. The Employer/Carrier appeals.

    Summary of Opinion Analysis: This case arises from an order issued by the Commission on June 7, 2007. Pursuant to section 71-3-51, an order of the Commission will be conclusive and binding unless, within thirty days of the date it is entered, a party files a notice of appeal to the circuit court of the county in which the injury occurred. Neither party timely appealed the Commission’s order approving the lump-sum settlement. Instead, the Employer/Carrier merely paid the Claimant $90,891.47 and informed her it would not pay the interest assessed. Because the issue of whether the assessment of interest was proper or not is not timely raised on appeal, neither the circuit court nor this Court has jurisdiction to consider the merits of this case.


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