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[T] Moore v. Binswanger Mirror Products

June 09, 1998

BILLY WAYNE MOORE, APPELLANT
v.
BINSWANGER MIRROR PRODUCTS AND THE TRAVELERS INSURANCE COMPANY, APPELLEES



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J., For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: MAY 15, 1996

TRIAL JUDGE: HONORABLE JOSEPH H. LOPER, JR.

COURT FROM WHICH APPEALED: GRENADA COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION

TRIAL COURT DISPOSITION: DENIED OUT OF TIME APPEAL OF THE WORKERS' COMPENSATION COMMISSION AFFIRMED

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

Billy Wayne Moore appeals from an order of the Circuit Court of Grenada County that denied his motion to file an out-of-time appeal. Moore asserts that the trial court erred by failing to grant his motion and also argues that it was error to affirm the decision of the Workers' Compensation Commission. We affirm because we agree that no basis for granting an out-of-time appeal was shown. Because of the validity of that ruling, we do not reach the second issue.

PROCEDURAL HISTORY

A detailed statement of the facts underlying the workers' compensation claim is irrelevant because of our procedural ruling. Moore filed a claim after he was injured at Binswanger Mirror Products in Grenada when the weight of a mirror he was carrying abruptly shifted. The administrative law judge concluded that he was entitled to temporary total disability benefits of $205.34 per week from October 1992 through May 1993. The Judge also awarded Moore permanent partial disability benefits at the rate of $205.34 per week, commencing in May of that year and continuing for a period of fifty weeks. The Judge declined to approve the payment for medical services and supplies rendered by Dr. John Howser.

Moore appealed the administrative law Judge's decision to the Mississippi Workers' Compensation Commission. After the Commission affirmed the Judge's decision, Moore perfected an appeal to the Circuit Court of Grenada County. On May 15, 1996, the circuit court affirmed the Commission's decision. That same day, the court also entered two separate orders relating to the case. No notice of appeal was filed. On September 11, 1996, Moore filed a motion for an out-of-time appeal alleging that he only received a copy of one May 15 order, a non-dispositive one. Moore acknowledged in his motion that though he had not received a copy of the order, that upon contacting the clerk's office on May 20 he was told that an order affirming the ...


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