Attorney's Confusion Isn't Excusable Neglect for Late Appeal

A defense attorney's failure to file a timely appeal of an order awarding benefits because of a mix-up caused by an intertwined case does not constitute excusable neglect, the North Carolina Court of Appeals ruled, reversing the Industrial Commission.Case: Sellers v. FMC Corp. and National Union Fire Insurance Co. and Insurance Co. of Pennsylvania, COA11-12, 10/04/2011.Facts: Donald E. Sellers worked for FMC Corp. from 1974 to 2002, starting out as a welder and moving to the electrical and instrumentation shop in 1993 or 1994. Sellers' job exposed him to high-intensity light. He began ...