Oral arg. – COA – Tuesday, Oct. 6, 2015

At 10:00 a.m., the COA will hear Edith Gailliard v. North Benton County Health Center, a case dealing with the statute of limitations and workers comp.

Edith Gaillard worked for some 30 years at Benton Medical Center and ended up with carpal tunnel.  Her employer  paid her weekly benefits of $398.93 from the date of injury. Treatment was contested.  Gaillard filed a petition in  December 2010.  In November 2011, the ALJ entered an order finding “…that Claimant has not filed a complete Prehearing Statement per Commission Procedural Rule 5”, and as a result, dismissed the case noting the Order would become final unless a written request for review was filed within twenty (20) days. Id at 8. The ALJ also held the dismissal was “the rejection of a claim” sufficient to trigger the one-year statute of limitations found in Miss. Code Ann. §71-3-53.   Gailliard did not file to  reopen her claim until August 2013.  In April 2014, the ALJ ordered the matter reopened reasoning that because the employer voluntarily continued to pay indemnity benefits until August 6, 2012, the appropriate one year statute of limitation had been tolled.   The Commission reversed the ALJ  finding that the ALJ was  without jurisdiction to  reopen the claim because the prior Order dismissing the claim became final 20 days after being entered, and triggering the commencement of the 1 year statute of limitations.  Gailliard appealed.

Watch the argument here.

Gailliard’s brief here.

North Benton County Health Care’s brief. 

Gailliard’s rebuttal brief here. 

I noticed on the docket that the Appellant did not file record excerpts.  The Clerk’s office sent a notice but still no  record excerpts on the docket.  So for anyone wondering what happens if you fail to follow a rule  . . . .

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