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City of Laurel and Mississippi v. Blackledge6/22/1999
DATE OF JUDGMENT: 3/9/98
TRIAL JUDGE: HON. BILLY JOE LANDRUM
COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
TRIAL COURT DISPOSITION: CIRCUIT COURT UPHELD THE COMMISSION'S DECISION
DISPOSITION: AFFIRMED IN PART; REVERSED AND RENDERED IN PART - 06/22/1999
PROCEDURAL HISTORY
. On January 1, 1991, David Blackledge filed his petition to controvert, alleging injury which was received to his heart and cardiovascular system when he answered a fire alarm while on the job . On August 24, 1995, the administrative law Judge entered her order finding that Blackledge had received the work-related injury and was intermittently temporarily disabled for periods after January 1, 1991 and also found Blackledge to be temporarily partially disabled from December 1, 1992 to May 3, 1994. On September 1, 1995, the appellants appealed the administrative law Judge's order as being against the overwhelming weight of the substantial credible evidence. On March 25, 1996, the Mississippi Workers' Compensation Commission affirmed the findings of the administrative Judge's order. Thereafter, on April 19, 1996, the appellants filed a notice of appeal to the Circuit Court of the Second Judicial District of Jones County with the Commission. However, the appellants did not pay a filing fee to the circuit clerk until September 3, 1996 when the clerk notified the appellants that there was such a fee. On June 6, 1996, the circuit court entered an order denying the appellants any relief. However, on July 18, 1996, the circuit court reinstated the appeal by the appellants noting that the court had erroneously dismissed the appeal without giving the appellants the full forty days to file a brief as required by URCCC 5.06 and M.R.A.P. 31.
. On August 30, 1996, Blackledge filed a motion to dismiss the appeal and tax costs to the appellants. Blackledge argued that the entire appeal record had failed to be forwarded from the Commission to the circuit court as required by URCCC 5.05, and therefore, the appeal should be dismissed. The appellants responded on September 9, 1996 and submitted that both URCCC 5.04 and 5.05 had been complied with and thus the dismissal was not proper. On September 18, 1996, the circuit Judge entered an order dismissing the appellants's appeal with prejudice on the basis that the appellants had failed to comply with URCCC 5.04, 5.05, and 5.09. The circuit court further held that the appeal was not timely filed according to the law and Mississippi Rules of Court. On September 19, 1996, the appellants filed a motion to reconsider the order of dismissal. After a hearing on the matter, the circuit court entered an order on November 14, 1996 denying the appellants's motion to reconsider. From these orders, the employer/carrier appealed to the Mississippi Supreme Court. On December 23, 1997, the Mississippi Court of Appeals entered a final judgment wherein the judgment dismissing the appeal by the Jones County Circuit Court was reversed and the case was remanded to the circuit court for a determination on the merits.
. March 9, 1998, the circuit Judge affirmed the findings of the Mississippi Workers' Commission. From this order, the employer/carrier have appealed to this Court.
. On June 25, 1998, the employer/carrier filed a motion to add to the record, or in the alternative to consolidate the records. Furthermore, the employer/carrier sought several extensions in which to file their brief. On July 22, 1998, the employer/carrier filed a motion to suspend the briefing time, or in the alternative for additional time within which to file their brie
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