Huey v. RGIS Inventory Specialists
269 So. 3d 362
Miss. Ct. App.2018Background
- Huey, an RGIS employee, was injured in an interstate collision in Alabama after a confrontation with another driver (Crawley); the Commission found Huey had engaged in "road rage" and stopped in the right lane, departing from scope of employment.
- The Commission denied workers' compensation; the Mississippi Court of Appeals affirmed (Huey I) and certiorari was denied by the Mississippi Supreme Court.
- During separate Alabama litigation against the truck driver, discovery revealed vehicle "black box" data and expert reconstruction testimony suggesting Huey’s van was still moving (~17 mph) when struck, contradicting the trooper’s testimony that Huey was stopped.
- About one year after the appellate mandate in Huey I, Huey moved under Miss. Code § 71-3-53 to reopen his workers’ compensation claim, asserting a mistake of fact based on the new black-box evidence.
- The Commission denied reopening as untimely (reasoning the claim was finally rejected when certiorari was denied) and on the merits, finding the evidence was not newly discovered and did not show the Commission’s factual premise (a road-rage deviation) was mistaken.
- The Court of Appeals held Huey’s motion was timely (limitations run from issuance of the appellate mandate), but affirmed the Commission’s denial on the merits for abuse-of-discretion reasons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of § 71-3-53 motion to reopen (when does the 1-year period begin?) | The one-year period begins when the appellate mandate issues, so Huey filed within one year. | The claim was finally rejected when the Mississippi Supreme Court denied certiorari, so Huey’s motion was untimely. | Mandate controls; limitations begins when final mandate issues. Huey’s motion (364 days after mandate) was timely. |
| Whether new black-box evidence shows a "mistake in a determination of fact" warranting reopening under § 71-3-53 | Black-box data and expert testimony refute Trooper Wilson (showing Huey was moving), undermining the Commission’s finding of a road-rage deviation. | Evidence was available at the time of the original hearing and does not disprove the core premise (that Huey deviated from employment to engage in road rage). Reopening is discretionary and should be denied. | The Commission did not abuse its discretion: the evidence was not newly discovered and did not demonstrate the Commission’s central factual premise was mistaken. Reopening denied. |
Key Cases Cited
- Huey v. RGIS Inventory Specialists, 168 So.3d 1145 (Miss. Ct. App. 2014) (prior appellate opinion affirming Commission’s road-rage finding)
- Harper v. Cal-Maine Foods, Inc., 43 So.3d 401 (Miss. 2010) (statute of limitations for related claims runs from the issuance of final mandate when appeals taken)
- Ga.-Pac. Corp. v. Gregory, 589 So.2d 1250 (Miss. 1991) (reopening under § 71-3-53 is discretionary, not mandatory)
- Armstrong Tire & Rubber Co. v. Franks, 137 So.2d 141 (Miss. 1962) (Court will affirm Commission decision if any reasonable basis supports it)
- J.R. Logging Co. v. Halford, 765 So.2d 580 (Miss. Ct. App. 2000) (‘‘mistake’’ allegations should not become a backdoor retrial mechanism)