Myles v. Lucas and Mccowan Masonry

Court of Appeals of North Carolina

Myles v. Lucas and Mccowan Masonry

645 S.E.2d 143, 183 N.C. App. 665, 2007 N.C. App. LEXIS 1090

CourtCourt of Appeals of North Carolina

DecidedJune 5, 2007

DocketNo. COA06-1266.

StatusPublished

Cited by3 cases

This text of 645 S.E.2d 143 (Myles v. Lucas and Mccowan Masonry) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Myles v. Lucas and Mccowan Masonry, 645 S.E.2d 143, 183 N.C. App. 665, 2007 N.C. App. LEXIS 1090 (N.C. Ct. App. 2007).

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Opinion

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 *144hear this case. For the foregoing reasons, plaintiff's appeal is dismissed.

Dismissed.

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

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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 *144hear this case. For the foregoing reasons, plaintiff's appeal is dismissed.

Dismissed.

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

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645 S.E.2d 143, 183 N.C. App. 665, 2007 N.C. App. LEXIS 1090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myles-v-lucas-and-mccowan-masonry-ncctapp-2007.

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