State ex rel. Carey v. American Seaway Foods, Inc.

Two periods are at issue: June 1, 1992 through October 26, 1992, and May 22, 1993 through July 21, 1995. For the reasons to follow, we uphold the commission’s disposition as to the first period only.

As to the former period, Seaway initially challenges our jurisdiction, citing both a dismissal with prejudice by the court of appeals of an earlier mandamus action challenging wage-loss denial, and the commission’s dismissal of Seaway’s appeal of the March 7, 1996 order.

We do not find our jurisdiction to be impaired. The dismissal of the first mandamus action was a voluntary dismissal by claimant…