Mississippi court finds that claimant was not given proper notice of deficiencies in his appeal, case remanded
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Tuesday, September 24, 2019

Mississippi court finds that claimant was not given proper notice of deficiencies in his appeal, case remanded

By Payroll and Entitlements Editorial Staff

After the claimant was denied benefits and filed an appeal, his attorney withdrew, leaving the claimant to proceed pro se. The claimant then failed to file an appellate brief and the circuit court granted the agency’s motion to dismiss. However, the court found that the record failed to show that the clerk gave the claimant  a written notice of his deficiencies before the court dismissed the appeal. The court found that the circuit court erred in dismissing the appeal and reversed and remanded the case so that the claimant could be given proper notice and an opportunity to cure the deficiencies (Milton Pilate v. MDES and Powell Transportation Co., Miss. Ct. of App., No. 2018-CC-00964-COA, July 16, 2019).

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