Rea v. Foamex & American Home Assurance Company, Mississippi Workers’ Compensation Commission (September 2010)

Sandy T. Doty recently received a favorable ruling from the Mississippi Workers’ Compensation Commission affirming a lower court’s dismissal of the claim for lack of prosecution, and subsequent denial of Claimant’s Motion to Reinstate Claim. The Full Commission Order found that, since the Claimant failed to file a Motion to Reinstate Case within 20 days from the date the Order was entered, it became a final order, pursuant to Miss. Code Ann. 71-3-47 (Supp. 2003). Once it became a final order, the Claimant’s only remaining avenue of recourse to reinstate the case was to invoke continuing jurisdiction pursuant to Miss. Code Ann. 71-3-53 (Supp. 2003). This requires that Claimant establish evidence of a change in condition or a mistake in fact which would allow the case to be reinstated. The Full Commission rejected the Claimant’s argument that a mistake in fact occurred, and affirmed the Administrative Judge’s order denying the Motion to Reinstate.