AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves an appeal by Employer/Insurer against a compensation order entered on May 11, 2012. The appeal was filed due to a miscalculation of the deadline, resulting in the notice of appeal being submitted one day late. The Employer/Insurer requested the Court of Appeals to exercise its discretion and hear the appeal despite the procedural defect.

Procedural History

• Workers’ Compensation Administration, Victor S. Lopez, Workers’ Compensation Judge, May 11, 2012: Issued a compensation order in favor of the Worker-Appellee.

Parties' Submissions

• Employer/Insurer-Appellant: Argued that the Court of Appeals should exercise its discretion to hear the appeal despite the untimely filing, attributing the delay to a calendaring error and considering the delay as de minimus.
• Worker-Appellee: [Not applicable or not found]

Legal Issues

• Whether the Court of Appeals should exercise its discretion to hear an appeal that was filed one day late due to a calendaring error by the Employer/Insurer.

Disposition

• The Court of Appeals dismissed the appeal due to the lack of unusual circumstances justifying the untimely filing.

Reasons

• Per CELIA FOY CASTILLO, Chief Judge (JONATHAN B. SUTIN, Judge, and MICHAEL E. VIGIL, Judge, concurring): The Court acknowledged that it has the discretion to overlook procedural defects in the filing of an appeal if there are unusual circumstances beyond the control of the parties, such as court error. However, the Court found that a mere calendaring error by the Employer/Insurer, resulting in a one-day delay, did not constitute an unusual circumstance warranting the exercise of such discretion. The Court referenced previous cases where de minimus delays were excused due to unusual circumstances, which were not present in this case. Consequently, the Court declined to exercise its discretion to hear the appeal and dismissed it.