DICKINSON, Presiding Justice, for the Court.
¶ 1. Today we address the constitutionality of direct appeals from the Workers' Compensation Commission ("Commission") to this Court. We hold that they are constitutional, and that this Court has appellate jurisdiction over direct appeals from the Commission.
¶ 2. A 2011 amendment to Section 71-3-51 provides that, "from and after July 1, 2011," decisions of the Mississippi Workers' Compensation Commission may be appealed directly to this Court, rather than to the circuit court, as required under the previous version of the statute.
¶ 3. When addressing a statute's constitutionality, we apply a de novo standard of review,
¶ 4. After receipt of this appeal, this Court—on its own motion—ordered the parties to brief the questions of whether Article 6, Section 146 of the Mississippi Constitution prohibits direct appeals from the Commission to this Court, and whether this Court has jurisdiction over such direct appeals.
¶ 5. Before July 2011, a party wishing to appeal a Commission order was required to file the appeal in circuit court; and the party aggrieved by the circuit court's decision could then appeal here. But in its 2011 session, the Mississippi Legislature enacted the following amendment to Section 71-3-51:
The matter at issue is whether this Court has jurisdiction to hear direct appeals from the Commission.
¶ 6. Prior to 1984, our Constitution set forth this Court's jurisdiction in a single sentence: "The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals."
¶ 7. In 1984, the people of Mississippi amended Section 146 of their Constitution by retaining the prior language—"The Supreme Court shall have such jurisdiction as properly belongs to a court of appeals"—and adding the following language:
¶ 9. According to Black's Law Dictionary, an appellate court "has jurisdiction to review decisions of lower courts or administrative agencies."
¶ 10. The cases brought before the Commission were cases heard in courts under the common law. The Legislature moved the venue of these suits filed by employees against their employers to the Commission. When the Commission decides a case in favor of the worker, the employer is ordered to make periodic payments to the employee.
¶ 11. The Commission's judgments are filed in the circuit clerk's judgment roll; they do not pass through the circuit court or any other court. They are pursued and executed upon exactly the same as judgments rendered by the circuit court. Also compelling is that the Commission alone determines the facts of a workers' compensation case.
¶ 12. Some argue that, for this Court to have jurisdiction, the case must first filter through the circuit court. But we fail to see how cases can be nonjudicial while pending before the Commission—the very tribunal where the facts are finally adjudicated, and whose decisions this Court actually reviews—and then suddenly become judicial cases upon appeal to circuit court, whose decisions are not even reviewed by this Court.
¶ 13. Before the amendment to Section 71-3-51, the Commission's final decisions were appealed directly to circuit court,
¶ 14. In the entire opinion, the circuit court was mentioned only once, and then only to set forth the chronology of appeals. The circuit judge had no power to call witnesses, receive evidence, or adjudicate facts. The reality is that, under the previous statute, the circuit judge's decision played no part in this Court's review or disposition of a workers' compensation case. For these reasons, we reject the notion that a circuit judge's ruling is required to place a "judicial proceeding" tag on a workers' compensation case.
¶ 15. To be clear, we do not hold today that this Court has direct appellate jurisdiction over all agency decisions. Today, we address only appeals of workers' compensation cases from the Commission.
¶ 16. In a legitimate exercise of its constitutional authority,
¶ 17. As expressed in Dodd, "`[t]he tribunal from which an appeal lies need not be called a court; but it must be one having the attributes of a court—a tribunal where justice is judicially administered.'"
¶ 18. Today's narrow holding is that, pursuant to Article 6, Section 146 of the Mississippi Constitution, the Legislature is constitutionally empowered to confer appellate jurisdiction on this Court over direct appeals from the Commission and as with all workers' compensation cases appealed to this Court, we assign this case to the Court of Appeals for decision, and the Clerk of Court is directed to issue a merits briefing schedule.
¶ 19.
RANDOLPH, LAMAR, PIERCE AND KING, JJ., CONCUR. RANDOLPH, J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY DICKINSON, P.J., LAMAR AND PIERCE. JJ. KITCHENS, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY WALLER, C.J., CARLSON, P.J., AND CHANDLER, J.
RANDOLPH, Justice, specially concurring.
¶ 20. The Mississippi Workers' Compensation Commission is a unique agency, as briefly alluded to by the Majority. (Maj. Op. ¶ 10) ("The cases brought before the Commission were cases [once] heard in courts under the common law. The Legislature moved the venue of these suits filed by employees against their employers to the Commission."). Specifically, the Commission "administer[s]" the statutorily created mechanism under which "most suits by injured workers against employers" have been removed from the tort system, with "[e]mployers receiv[ing] fixed levels of potential liability which they can anticipate and treat as a general `cost of doing business'" in exchange for "[e]mployees receiv[ing] guaranteed compensation for covered injuries, bypassing the civil-litigation risks of either no recovery or uncollectible judgments against insolvent employers." Miss.Code Ann. § 71-3-1 (Rev. 2011); Franklin Corp. v. Tedford, 18 So.3d 215, 220-21 (Miss.2009) (quoting Note, Exceptions to the Exclusive Remedy Requirements of Workers' Compensation Statutes, 96 Harv. L. Rev. 1641, 1641 (1983)). In its role as a "quasijudicial" tribunal, the Commission "renders judicial decisions[,]" such that this Court would be exercising "appellate jurisdiction ... over direct appeals from the Commission...."
¶ 21. Section 71-3-51 provides, in pertinent part, that:
Miss.Code Ann. § 71-3-51 (Rev. 2011) (emphasis added). In dictating the method of disposition, which is inherently judicial in nature, the Legislature failed to acknowledge that this Court has routinely remanded cases to the Commission for further proceedings, when warranted. See, e.g., Gregg v. Natchez Trace Elec. Power Ass'n, 64 So.3d 473, 474 (Miss.2011) (reversing and remanding "for a hearing on the issue of lost wage-earning capacity"); J.H. Moon & Sons, Inc. v. Johnson, 753 So.2d 445, 449 (Miss.1999) (remanding for further determinations regarding "rate of compensation"); ABC Mfg. Corp. v. Doyle, 749 So.2d 43, 47 (Miss.1999) (reversing and remanding following holding that statute of limitations was tolled). Directing this Court to reverse and render, in many instances, violates fundamental separation-of-powers principles. See Miss. Const. art. 1, §§ 1-2. First, the term "prejudicial error" begs the question, i.e., can any error exist which is not "prejudicial" to some degree? Does this mean that the existence of any error mandates that this Court reverse and render? If so, then the Legislature is improperly interfering with this Court's role to determine whether an error is harmless. See, e.g., McGee v. River Region Med. Ctr., 59 So.3d 575, 580 (Miss.2011) (quoting Vaughn v. Miss. Baptist Med. Ctr., 20 So.3d 645, 654 (Miss. 2009)) ("Unless we can safely say that the trial court abused its judicial discretion in allowing or disallowing evidence so as to prejudice a party in a civil case ... we will affirm the trial court's ruling.") (emphasis added). Second, in the event that "prejudicial error" does exist, Section 71-3-51 inappropriately requires this Court to render "such judgment or award as the commission should have entered." Miss.Code Ann. § 71-3-51 (Rev. 2011). I fail to see how this Court is equipped to render a proper "judgment or award" in all instances of "prejudicial error." Id. For example, if the "prejudicial error" involves excluded evidence or witness(es), then the proper disposition would be to reverse and remand for a new hearing. This is no less true if a case is improperly dismissed on statute-of-limitations grounds or if further "lost wage-earning capacity" or "rate of compensation" determinations are necessary. Gregg, 64 So.3d at 474; J.H. Moon, 753 So.2d at 449; Doyle, 749 So.2d at 47. For these reasons, I urge that the constitutional infirmity in this provision should be remedied by the Legislature.
DICKINSON, P.J., LAMAR AND PIERCE, JJ., JOIN THIS OPINION.
KITCHENS, Justice, dissenting:
¶ 22. Article 6, Section 146, of the Mississippi Constitution gives the Legislature authority to expand this Court's jurisdiction by general law, but only for the performance
¶ 23. "This Court has long since recognized that the legislature may constitutionally create administrative agencies and confer upon such agencies fact finding and quasi-judicial powers...."
¶ 24. In 1984, an amendment to Article 6, Section 146, of the state Constitution granted the Legislature the authority to confer original jurisdiction upon this Court over appeals from a particular administrative agency. "The Legislature may by general law provide for the Supreme Court to have original and appellate jurisdiction as to any appeal directly from an administrative agency charged by law with the responsibility for approval or disapproval of rates sought to be charged the public by any public utility to accord to the Legislature the power to convey by general law." Miss. Const. art. 6, § 146. This amendment, approved at the polls by the people of Mississippi, constitutionally established the only authority by which the Legislature, by general law, may confer original jurisdiction upon this Court with respect to appeals from governmental entities other than courts. Clearly, this authority pertains only to the Public Service Commission, not to the Workers' Compensation Commission.
¶ 25. Finally, Section 71-3-51, as amended in 2011, is a statute similar to those struck down in Glenn v. Herring, 415 So.2d 695 (Miss.1982); and Illinois Central Railroad Company v. Dodd, 105 Miss. 23, 61 So. 743 (Miss.1913). In Herring, 415 So.2d at 697, this Court invalidated a statute which: (1) required a chancellor
Herring, 415 So.2d at 697.
¶ 26. Just as in Herring, Section 71-3-51 would authorize direct appeal of the instant case from the full Commission, bypass the circuit court, and impermissibly require this Court to review an administrative determination that is in nowise a judicial decision. Under the previous version of Section 71-3-51, the circuit court has always served as the proper "intermediate court of appeals" for decisions of the full Commission. See Smith v. Jackson Const. Co., 607 So.2d 1119, 1124 (Miss.1992); Walker Mfg. Co. v. Cantrell, 577 So.2d 1243, 1247 (Miss.1991); Hardin's Bakeries v. Dependent of Harrell, 566 So.2d 1261, 1264 (Miss.1990). This Court distinguished the role of the circuit court from that of this Court in Dodd, 61 So. at 745, as follows: "jurisdiction of the circuit court is very different from that of this [C]ourt. It may be that [the circuit court] was properly given the jurisdiction to review by certiorari the quasi judicial acts of a tribunal exercising quasi judicial powers."
¶ 27. Since "appellate jurisdiction necessarily implies" that this Court's proper role "is to review and revise, if necessary, judicial decisions of inferior tribunals," and no judicial decision of a lower court has occurred in the instant case, Section 71-3-51 impermissibly would require this Court to act as a court of original jurisdiction. See Herring, 415 So.2d at 698. The Attorney General attempts to distinguish Herring from the instant case by arguing that, while Herring struck down a statute conferring original jurisdiction upon the Supreme Court over trial court matters where a final judgment had not been entered, this case involves a statute that seeks to confer appellate jurisdiction on this Court over final decisions of an administrative, nonjudicial agency. Section 71-3-51 cannot and does not impose appellate jurisdiction upon this Court. As such, Herring is not distinguishable from the case sub judice.
¶ 28. In Dodd, 105 Miss. 23, 61 So. 743 (Miss.1913), this Court struck down a statute which permitted direct appeal to this Court from any order of the Railroad Commission. In so doing, this Court reasoned:
Id. at 743. In Dodd, the Court's analysis looked to the statute that had created the Railroad Commission, which the Court found had promulgated the existence of a "mere administrative agency" and had not conveyed to the Railroad Commission "the power to apply the law to a state of facts and to make a final declaration of the consequences which follow...." Id. at 744. The Dodd Court held that a decision of an administrative agency is not sufficient to confer jurisdiction upon the Supreme Court. Id. at 743. "The fact that there has been a decision ... is not sufficient; but there must have been a decision by a court clothed with judicial authority and acting in a judicial capacity." Id. (citation omitted). Ultimately, the Supreme Court found that a statute aimed at conferring jurisdiction on this Court to review the validity of a decision of an administrative agency such as the Railroad Commission had the effect of calling upon the Court to "render an advisory opinion to one of the other departments of the state government," which the state Constitution prohibits this Court's doing. Id. at 745.
¶ 29. Sysco and the Attorney General argue that the Dodd decision is distinguishable because the statute at issue in that case allowed a direct appeal to this Court from the Railroad Commission, which was a rule-making agency charged with setting tariffs and rates (a legislative function, not a quasijudicial function). I fail to find Dodd distinguishable. While the full Commission is quasijudicial in nature and, thus, is imbued with some indicia of a court of record, its orders are not decisions rendered "by a court clothed with judicial authority and acting in a judicial capacity." Dodd, 61 So. at 743.
¶ 30. The state Constitution does not provide the Legislature the authority to confer jurisdiction over direct appeals from the Commission to this Court. Our jurisdiction is "not an unlimited appellate jurisdiction over any matter or thing arising either in courts or out of courts which the wisdom or folly of any future Legislature might see fit to confer or impose upon" this Court. Dodd, 61 So. at 743. Consequently, this Court does not have jurisdiction over Johnson's direct appeal. As such, the proper disposition is to dismiss this appeal. Otherwise, the Supreme Court of Mississippi will become the first, last, and only court to pass upon this and all future Mississippi workers' compensation cases in which appeals from the Commission are taken.
WALLER, C.J., CARLSON, P.J., AND CHANDLER, J., JOIN THIS OPINION.