Emmanuel Ridge Community Services, Inc. v. Nedra Loggins
Emmanuel Ridge Community Services, Inc. v. Nedra Loggins
Opinion
¶ 1. After a work accident, Nedra Loggins filed a petition to controvert with the Mississippi Workers' Compensation Commission (the Commission). The administrative judge (AJ) awarded benefits, and Emmanuel Ridge Community Services Inc. (Emmanuel Ridge) appealed. But the Commission dismissed the appeal as untimely. We affirm the Commission's dismissal.
FACTS AND PROCEEDINGS BELOW
¶ 2. Loggins-an employee of Emmanuel Ridge-allegedly injured herself while assisting a fallen patient. She quickly notified her supervisor and sought treatment.
Later, she filed a petition to controvert with the Commission.
¶ 3. After several hearings, the AJ awarded benefits to Loggins on September 19, 2017. Twenty-one days later, on October 10, 2017, Emmanuel Ridge filed a petition for review with the Commission. The Commission dismissed her petition as untimely, though mistakenly referred to the petition as having been filed on October 11. Emmanuel Ridge filed a motion to reconsider and the Commission once again dismissed the untimely petition, but this time corrected the filing date to October 10. It still determined that Emmanuel Ridge filed the petition outside of the twenty-day limit, thereby barring jurisdiction.
¶ 4. Emmanuel Ridge appeals from this order.
STANDARD OF REVIEW
¶ 5. The Commission's findings of fact are entitled to substantial deference.
Raytheon Aerospace Support Servs. v. Miller
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DISCUSSION
Did the Commission properly dismiss Emmanuel Ridge's appeal as untimely?
¶ 6. We note that Emmanuel Ridge does not address the issue of timeliness in its appeal. Furthermore, we note that Emmanuel Ridge does not cite any authority in support of that appeal to this Court. "Failure to cite any authority is a procedural bar, and this Court is under no obligation to consider the assignment."
United Plumbing & Heating Co. v. Mosley
,
¶ 7. Mississippi Code Annotated section 71-3-47 (Rev. 2011) notes that a "decision shall be final unless within twenty (20) days a request or petition for review by the full commission is filed." And the twenty-day time limit is not merely procedural.
Roberson v. LFI Fort Pierce Inc.
,
¶ 8. The record is clear: The AJ awarded benefits to Loggins on September 19, 2017. In determining the twenty-day window, we exclude the date of the order and include the last day.
Marlboro Shirt Co. (Reliance Mfg. Co.) v. Whittington
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¶ 9. AFFIRMED.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR, WILSON, WESTBROOKS AND TINDELL, JJ., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.