Myles v. Lucas and Mccowan Masonry, COA06-1266.

Citation645 S.E.2d 143
Decision Date05 June 2007
Docket NumberNo. COA06-1266.,COA06-1266.
PartiesJames MYLES, Employee, Plaintiff v. LUCAS AND McCOWAN MASONRY, Employer The Travelers, Carrier, Defendants.
CourtCourt of Appeal of North Carolina (US)

Scudder & Hedrick, by Alice Tejada, Raleigh, for plaintiff-appellant.

Hedrick, Eatman, Garnder & Kincheloe, L.L.P., by Thomas M. Morrow and Susan J. Vanderweert, Raleigh, for defendant-appellees.

PER CURIAM.

James Myles ("plaintiff") appeals the order of the North Carolina Industrial Commission ("Commission"), which denied plaintiff's request for workers' compensation benefits while he was incarcerated but before he was convicted. Because we do not have jurisdiction to hear this case, we dismiss plaintiff's appeal.

Plaintiff presented one issue for our review: Whether the equal protection clauses of the United States and North Carolina Constitutions allow the Commission to deny disability benefits during an employee's pre-conviction incarceration. Where a party appeals a constitutional issue from the Commission and fails to file a petition for certiorari or fails to have the question certified by the Commission, this Court is without jurisdiction. Carolinas Medical Center v. Employers And Carriers Listed in Exhibit A, 172 N.C.App. 549, 553, 616 S.E.2d 588, 591 (2005). In the instant case, there is no evidence in the record that the Commission has certified the question nor is there any evidence that a petition for certiorari was filed. Accordingly, we are without jurisdiction to hear this case. For the foregoing reasons, plaintiff's appeal is dismissed.

Dismissed.

Panel consisting of: Judges HUNTER, TYSON, and JACKSON.

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5 cases
  • In re Davis
    • United States
    • North Carolina Court of Appeals
    • November 21, 2017
    ... ... certified by the Commission, this Court is without jurisdiction." Myles v. Lucas & McCowan Masonry , 183 N.C. App. 665, 665, 645 S.E.2d 143, 143 ... ...
  • Hardison v. Goodyear Tire & Rubber Co.
    • United States
    • North Carolina Court of Appeals
    • August 4, 2015
    ... ... Myles v. Lucas McCowan Masonry,183 N.C.App. 665, 665, 645 S.E.2d 143, 143 ... ...
  • Kotis Properties, Inc. v. Casey's, Inc.
    • United States
    • North Carolina Court of Appeals
    • June 5, 2007
  • Myles v. Lucas and Mccowan Masonry
    • United States
    • North Carolina Supreme Court
    • November 8, 2007
  • Request a trial to view additional results

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