This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Worker retained legal counsel to appeal a certificate of eligibility determination issued by the Workers’ Compensation Administration (WCA). The Worker alleges that he contacted his attorneys multiple times to inquire about the status of the appeal and was misled into believing that the appeal had been filed. However, the Worker later discovered that no appeal had been filed within the required fourteen-day period.
Procedural History
- Workers’ Compensation Administration, date unspecified: The WCA issued a certificate of eligibility determination and dismissed the recommended resolution.
Parties' Submissions
- Worker-Appellant: Argued that his attorneys misled him into believing that an appeal had been filed and that the fourteen-day time limit for seeking review of the certificate violated his right to due process.
- Employer/Insurer-Appellees: [Not applicable or not found]
Legal Issues
- Whether the Worker demonstrated personal due diligence that was thwarted by his attorney’s actions, excusing the untimely filing of the appeal.
- Whether the fourteen-day time limit for seeking review of the certificate of eligibility determination violated the Worker’s right to due process.
Disposition
- The Court of Appeals affirmed the WCA’s order sustaining the certificate of eligibility determination and dismissing the recommended resolution.
Reasons
Per Vigil J. (Fry and Robles JJ. concurring):
The Court held that the Worker failed to demonstrate personal due diligence that was thwarted by his attorney’s actions. The Worker’s representations about contacting his attorneys did not specifically and clearly show that he took diligent steps to ensure the appeal was filed within the fourteen-day period. The Court relied on precedent from Adams v. Para-Chem Southern, Inc., which binds a party to the inaction of their counsel unless exceptional circumstances are demonstrated.
The Court also rejected the Worker’s due process argument, noting that the Worker did not allege a lack of notice or opportunity to appeal. The Worker retained counsel in time to file the appeal, and the fourteen-day time limit was not shown to lack a rational relationship to a legitimate government interest. The Worker’s comparison to other time limits in the Workers’ Compensation Act was insufficient to establish a due process violation.