Rea v. Foamex

JAMES, J.,

for the Court:

¶ 1. Danny Rea appeals the Chickasaw County Circuit Court’s affirmance of the Mississippi Worker’s Compensation Commission’s decision, which declined to reopen Rea’s workers’ compensation claim after it was dismissed for failure to prosecute. He raises one issue on appeal: whether the Commission erred in failing to reopen his claim under Mississippi Code Annotated section 71-3-53 (Rev.2011) because of a mistake in a determination of fact. Upon review, we find no error and affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. Rea was employed as a truck driver and unloader at Foamex.…