September 7, 2010

Andy Shull Succeeds in Keeping Dismissed Claim Dismissed
November 5, 2009

In the case of Leroy Johnson v. Swift Transportation, MWCC No. 05 05189-J-2565-A, the Claimant moved to reinstate his claim following its administrative dismissal greater than one year earlier.  Although it was a common practice for many years, the recent trend of the MWCC seems to be away from reinstating claims in similar circumstances.  This trend is based on the fact that Mississippi law gives the Commission continuing jurisdiction for only one year after a final order and the relatively recent determination that an administrative dismissal is considered to be a rejection of a claim sufficient to begin the running of the statute of limitations.  Therefore, once one year and twenty days have passed since the dismissal, the MWCC is divested of any jurisdiction to entertain the matter further. 

Freeland Shull, PLLC has successfully defended numerous claims on this basis, including several previously discussed on this website.