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Emmanuel Ridge Community Services Inc. v. Loggins

Court of Appeals of Mississippi

October 9, 2018

EMMANUEL RIDGE COMMUNITY SERVICES INC. D/B/A EMMANUEL RIDGE HOME CARE APPELLANT
v.
NEDRA LOGGINS APPELLEE

          DATE OF JUDGMENT: 10/31/2017

          TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS' COMPENSATION COMMISSION

          ATTORNEY FOR APPELLANT: EMMANUEL RIDGE COMMUNITY SERVICES INC. (PRO SE)

          ATTORNEY FOR APPELLEE: MATTHEW IVAN HETZEL

          BEFORE IRVING, P.J., GREENLEE AND TINDELL, JJ.

          GREENLEE, J.,

         ¶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, 861 So.2d 330, 335 (¶11) (Miss. 2003) (citing Vance v. Twin River Homes Inc. 641 So.2d 1176, 1180 (Miss. 1994)). Our determination, therefore, is based on whether the Commission's finding was supported by substantial evidence, was arbitrary or capricious, or was based on erroneous application of facts. Logan v. Klaussner Furniture Corp., 238 So.3d 1134, 1138 (ΒΆ11) (Miss. 2018). "The findings ...


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