Felter v. Floorserv, Inc.
2013 Miss. LEXIS 293
| Miss. | 2013Background
- Felter petitioned to controvert a workers’ compensation claim on February 1, 2007.
- Administrative Judge (AJ) ruled unfavorably on January 9, 2009.
- On January 29, 2009, counsel mailed a motion to withdraw; AJ received it February 2, 2009 and granted withdrawal February 19, 2009.
- The AJ order extended Felter’s time to prosecute to thirty days from the order date.
- Felter filed a pro se appeal March 4, 2009; the Commission dismissed as untimely for not filing within twenty days.
- The Mississippi Supreme Court reverses, holding the appeal timely under unique-facts doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AJ’s 30-day extension renders Felter’s appeal timely | Felter: timely within extended period | Floorserv: no jurisdiction after 20 days | Yes; timely under unique facts |
| Whether unique facts justify constructive filing or extension | Felter: unique facts support extension | Floorserv: no justification for extension | Yes; unique facts exist to permit extension |
| Whether the Commission may waive time limits by statute or case law | Felter: court may extend under precedent | Floorserv: waiver only by statute/case law | Yes; authority to waive time limits exists |
Key Cases Cited
- Williams v. Furniture Land, 637 So.2d 191 (Miss. 1994) (constructive filing allowed due to mail procedures)
- Ford v. KLLM, Inc., 909 So.2d 1194 (Miss. Ct. App. 2005) (no timely filing on last day absent unique facts)
- Marlboro Shirt Co. v. Whittington, 195 So.2d 920 (Miss. 1967) (deadline extension only if it implicates timely filing)