Mississippi Workers' Compensation Accidents or Injuries - When Can You Appeal A Mississippi Workers' Compensation Commisson Order?

by Jay Foster, Mississippi Workers' Compensation Lawyer

Our Mississippi Supreme Court and Court of Appeals have held that administrative appeals can only be made from a final order. Cives Steel Co. v. Williams, 903 So. 2d 678, 680 (¶9) (Miss. 2005). Section 71-3-51 (Rev. 2000) of the Mississippi Code provides for appeals to the local circuit court from the final award of the Mississippi Workers' Compensation Commission.

If the Mississippi Workers' Compensation Commission enters an order remanding the case to the administrative law judge for further proceedings or testimony, the order is interlocutory only and is not appealable." Blankenship v. Delta Pride Catfish, Inc., 676 So. 2d 914, 916-17 (Miss. 1996).

As a result, if the Commission remands a case to the administrative law judge for virtually any reason, then the order is interlocutory. This means we cannot appeal the order. Instead, the Commission must issue a final order before we can file the appeal to the circuit court. T S. Natural Res., Inc. v. Polk, 388 So. 2d 494, 495 (Miss. 1980). There is a possible exception ot this rule. The circuit court can decide if it has jurisdiction. United States v. United Mine Workersof America, 330 U.S. 258, 291 (1947).

If you have questions about this or any other Mississippi Workers' Compensation accident or injury, please email or call Jay Foster.