EMMANUEL RIDGE COMMUNITY SERVICES INC. D/B/A EMMANUEL RIDGE HOME CARE APPELLANT
NEDRA LOGGINS APPELLEE
OF JUDGMENT: 10/31/2017
TRIBUNAL FROM WHICH APPEALED: MISSISSIPPI WORKERS'
ATTORNEY FOR APPELLANT: EMMANUEL RIDGE COMMUNITY SERVICES
INC. (PRO SE)
ATTORNEY FOR APPELLEE: MATTHEW IVAN HETZEL
IRVING, P.J., GREENLEE AND TINDELL, JJ.
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.
AND PROCEEDINGS BELOW
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.
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
Emmanuel Ridge appeals from this order.
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
(¶11) (Miss. 2018). "The findings ...