Tuesday, June 27, 2017

Court dismisses appeal for lack of jurisdiction to consider a temporary award

Williams v Tyson Foods
WD 80267  (Gabbert)
June 27, 2017


The employer files an appeal and asserts there is insufficient evidence to support a temporary award to provide treatment regarding a 2015 injury to the worker's foot.

The court sua sponte dismissed the appeal for lack of jurisdiction. 

The court found both the Eastern and the Southern District no longer recognizes exceptions to appeal a temporary award when an employer is claiming it does not owe anything or when an award is not made pursuant to 287.510.   The Western District stated it did not need to reach the determination whether it agreed with the other districts because it found the appeal did not meet either exception.

The court denied an employee's request for attorney fees.