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

• Joaquen Pequeno, the Worker, appealed from a compensation order that was entered and mailed on January 27, 2016. The appeal was directed against Lowe’s Home Centers, Inc. and Sedgwick Claims Management Services, the Employer/Insurer-Appellees.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Worker-Appellant: Argued that the notice of appeal was filed within thirty days from the date the Compensation Order was received in the mail, due to the perceived discrepancy between the statute and the court rule regarding the timing for filing an appeal (para 3).
• Employer/Insurer-Appellees: Supported the proposed dismissal of the appeal, agreeing with the court's preliminary assessment that the appeal was untimely (para 1).

Legal Issues

• Whether the Worker's notice of appeal was filed within the required timeframe, considering the alleged inconsistency between the statute and the court rule on the timing for filing an appeal.

Disposition

• The appeal was dismissed due to the untimely filing of the notice of appeal (para 5).

Reasons

• The Court, consisting of Judges James J. Wechsler, Linda M. Vanzi, and M. Monica Zamora, unanimously decided to dismiss the appeal. The Court found that the Worker's notice of appeal was filed one business day late, despite the Worker's argument that the appeal was filed within thirty days from when the Compensation Order was received in the mail. The Court referenced the precedence of Rule 12-601 over Section 52-5-8(A), requiring that a notice of appeal be filed within thirty days from the date of the order appealed from. The Court concluded that there were no unusual circumstances beyond the control of the parties that would warrant overlooking the procedural defect of late filing (paras 2-5).