Erika L. Felter v. Floorserv, Inc., The Employers’ Fire Insurance Company, and One Beacon Insurance

Summary

The Mississippi Supreme Court considered whether a workers’ compensation claimant’s appeal to the full Mississippi Workers’ Compensation Commission was timely when her attorney moved to withdraw on the final day of the statutory appeal period and the administrative judge granted her an additional thirty days to prosecute the claim. The court held that these unique circumstances permitted the appeal to be treated as timely, reversed the lower decisions, and remanded for further proceedings.

Holdings

1. When a claimant’s attorney moves to withdraw within the twenty-day period for appealing an administrative judge’s decision to the full Commission, and the administrative judge grants the withdrawal and a reasonable extension of time to appeal, an appeal filed within that additional period is timely under the unique facts presented.
2. Felter’s March 4, 2009, appeal to the full Commission was timely because it was filed within the thirty-day extension granted by the administrative judge.

Questions Presented

1. Whether an administrative judge may grant a claimant a reasonable extension of the twenty-day period for appealing an adverse administrative-judge decision to the full Mississippi Workers’ Compensation Commission when the claimant’s attorney moves to withdraw during that period.
2. Whether Felter’s notice of appeal, filed within the additional period granted by the administrative judge, was timely.

Disposition

reversed_and_remanded