Claimant's Workers' Comp Late Appeal Dismissed – Decision Upheld for Employer/Carrier

In the same day that the Court of Appeals upheld the denial and dismissal of the Yates case, Ms. Loraleigh Phillips also won the appeal in Dildy v. McPeters Inc. Funeral Dirs. as the Claimant’s attorney filed his appeal late. After a trial, the Mississippi Workers’ Compensation Commission (“MWCC”) Administrative Judge issued a final Order on Kathryn Dildy’s workers’ compensation claim. Although the final Order was filed five days later, it was not mailed to the parties at the time. Nonetheless, Ms. Phillips, the attorney for McPeters Inc. Funeral Directors and Old Republic Insurance Company (“Employer”) by happenstance found the final Order while searching the MWCC website. That same day, the Employer’s attorney informed Dildy that the final Order had been issued. In addition to the parties becoming aware of the final Order, the Employer’s attorney and Dildy’s attorney received the Order in the mail. However, Dildy did not file her petition for review with the Commission within twenty days after the Administrative Judge’s decision. The Commission dismissed Dildy’s petition as untimely. Dildy appealed, contending that she should have been allowed to file her petition for review because of the Commission’s delay in providing a copy of the final Order. The Court of Appeals affirmed the judgment of the Mississippi Workers’ Compensation Commission as the Commission’s dismissal of Dildy’s petition was proper.