Mississippi: Eight-Day Delay in Filing Review Request is Fatal to Claim

A Mississippi appellate court affirmed the dismissal of a claimant’s appeal of an administrative judge’s adverse decision where the claimant filed her request for Commission review 28 days after it had been rendered—eight days beyond the 20-day period set forth in Miss. Code Ann. § § 71-3-47 (Rev. 2011). Noting that the AJ’s ruling became final twenty days after it had been issued, the court said the claimant had interposed the concept of excusable neglect, but had not offered any statutory basis for disregarding the 20-day rule. The court added that even if it were to consider the excusable neglect exception, the claimant had failed to show any such excuse.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Hardy v. Xanitos, Inc., 2019 Miss. App. LEXIS 541 (Nov. 5, 2019)

See generally Larson’s Workers’ Compensation Law, § 126.09.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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