Smith, Stephenson Win Reversal of Order

November 27, 2012.

       Leland Smith and Robert Stephenson won reversal of an Administrative Judge’s Order (David Barrier vs. Omnova Solutions, Inc.)  which granted a Motion to Reopen. The Full Commission of the Mississippi Workers’ Compensation Commission determined that it lacked jurisdiction over the Claim because more than one year had expired since the filing of the Employer’s B-31, and there was no evidence that any additional payment of benefits tolled the statute of limitations.

       The Commission also found that even if the one year statute had not expired, the Claimant failed to demonstrate a “mistake in determination of fact” or “change in conditions” to warrant reopening the matter.

       The Motion to Reopen was denied.