01-14771-H-5340. Burt v. Bruce Furniture Industries, LLC.

Case DateNovember 22, 2005
CourtMississippi
Mississippi Worker Compensation 2005. 01-14771-H-5340. Burt v. Bruce Furniture Industries, LLC SAMUEL D. BURT CLAIMANT VS. BRUCE FURNITURE INDUSTRIES, LLC EMPLOYER AND THE TRAVELERS INSURANCE COMPANY CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 01-14771-H-5340Representing Claimant: John P. Fox, Esquire, Houston, MS Representing Employer and Carrier: M. Reed Martz, Esquire, Oxford, MS FULL COMMISSION ORDER The above styled claim was considered on the record by the Commission on November 21, 2005 pursuant to the Employer's and Carrier's Petition for Review. The Employer and Carrier argue that the Administrative Judge erred in reinstating the above claim. We agree, and reverse. I. This claim was dismissed on November 10, 2003 pursuant to M.W.C.C. Procedural Rule 5 for failure of the Claimant to file a prehearing statement. The order dismissing the claim became final when no request for review was filed with in twenty (20) days thereafter. Miss. Code Arm. § 713-47 (Rev. 2000). The Claimant did not move to reinstate the claim until April 26, 2005 when he filed a Motion to Reinstate, which the Administrative Judge granted on May 17, 2005. In a line of decisions going back to June 17, 2003, we have said that when a claim is dismissed by a Judge...

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