00-05081-H-0036. Stingley v. Kirtland Trucking.

• Case Date: January 04, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 00-05081-H-0036. Stingley v. Kirtland Trucking JAMES STINGLEY, CLAIMANT vs. KIRTLAND TRUCKING, EMPLOYER and REDLAND INSURANCE COMPANY, CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 00-05081-H-0036Representing Claimant: Jay Foster, Esquire, Ocean Springs, MS Representing Employer/Carrier: Tracy S. Steen, Esquire, Jackson, MS (for Kirtland Trucking) F. Hall Bailey, Esquire, Jackson, MS (for Redland Insurance Company) FULL COMMISSION ORDER This matter was heard by the Commission on November 29, 2004 pursuant to the Carries Notice of Appeal. The Carrier contends that the Administrative Judge erred in finding that Redland Insurance Company provided workers' compensation insurance coverage for Kirtland Trucking on March 1, 2000, the date of Mr. Stingley's injury. We agree, and reverse. I. Mr. Stingley suffered a work related injury on March 1, 2000, while in the employ of Kirtland Trucking. Kirtland Trucking had previously obtained workers' compensation insurance coverage from Redland which was to be effective for one year, beginning September 11, 1999. Initially, Mr. Stingley's injury was reported to Crawford and Company, as the third party claims administrator for Redland, and benefits were commenced. Later, after the Claimant filed a Petition to Controvert, and further investigation and discovery was had, Redland discovered that the policy it had issued to Kirtland had been cancelled effective February 9, 2000. More specifically, Kirtland Trucking submitted an application for coverage through Mid South Insurance Agency in August 1999. In connection with this application, Kirtland also executed a premium finance agreement with First Insurance Funding Corporation, the purpose of which was to finance the workers' compensation premium for Kirtland. This finance agreement was signed by Kirtland on August 31, 1999, and it required a cash down payment and payment of the remaining premium in nine monthly installments. Subsequently, Redland issued the aforementioned workers' compensation insurance policy to Kirtland, effective September 11, 1999 to September 11, 2000. Sometime following the issuance of this policy, Kirtland defaulting on the premium finance agreement with First Insurance. First Insurance, in turn, initiated efforts to have the Redland insurance policy cancelled...