Allen v. Johnny Baker Hauling, Inc.

From a final assessment issued by the Department of Industrial Relations (Department) after administrative hearing, appellee-employer appealed to the Circuit Court of Houston County. Appellant-Department moved to dismiss the appeal as not having been timely perfected with both the circuit court and the Director as required by section 25-4-134(c)(3)b. The trial court overruled the Department's motion to dismiss, finding "that the late service on [Department] of [employer's] Notice of Appeal should be excused on [grounds of equitable estoppel]." Although the trial court later rendered judgment…